The federal government is advancing a major reform of the Disability Discrimination Act 1992 (DDA), signalling increased obligations for organisations that serve people with disability — including registered NDIS service providers. With public consultation closing imminently, providers are being urged to begin early preparations for changes that could reshape how discrimination, adjustments and inclusion are managed across employment, services, housing and public life.
What’s Changing and Why
The 33-year-old DDA is undergoing a full review, partly in response to recommendations from the Disability Royal Commission which found that existing protections were no longer sufficient to meet modern expectations and Australia’s international human-rights obligations. Under review are several key reforms: the introduction of a positive duty for organisations to take proactive steps to eliminate discrimination; a standalone, clearer duty to provide adjustments for people with disability; stronger enforcement powers for the Australian Human Rights Commission (AHRC); mandatory or enhanced Disability Action Plans; and a modernised approach to special measures and inclusive design.
Positive Duty to Prevent Discrimination
One of the most significant shifts would be the establishment of a positive duty requiring organisations to actively identify, address and prevent discrimination before it happens — moving from a reactive complaints-based model to a proactive system of risk-management and inclusion. Organisations would need to assess their policies, culture and practices, embed consultation with people with disability and report on how they have worked to remove barriers.
Duty to Provide Adjustments
The review proposes replacing the phrase “reasonable adjustments” with simply “adjustments” and making it unlawful to fail or refuse an adjustment unless “unjustifiable hardship” can be demonstrated. This change emphasises the expectation that organisations will anticipate and provide needed supports, rather than placing the burden entirely on individuals to request them. Service providers will likely have to document how adjustments are identified, implemented and reviewed.
Stronger Oversight and Governance
Under current law, investigations of discrimination commonly rely on complaints from individuals. The reform proposals consider giving the AHRC clearer powers to investigate systemic discrimination, monitor compliance and engage proactively with organisations. In tandem, Disability Action Plans (DAPs) may become mandatory for larger organisations or require stronger minimum content, stakeholder involvement and outcome reporting.
What It Means for Service Providers
For organisations operating in the disability support sector — including those registered under the National Disability Insurance Scheme (NDIS) — these potential reforms will likely mean a shift in how they manage governance, culture, policy and risk. Providers will need to treat inclusion and discrimination prevention as board-level responsibilities, ensure leadership and HR processes model inclusive behaviour, embed rights-based training across the workforce and review systems for accessibility, adjustment requests and consultation.
Providers are encouraged to start by conducting discrimination risk assessments, reviewing recruitment, service delivery and communication practices, developing or strengthening Disability Action Plans co-designed with people with disability, documenting decisions and adjustments, and establishing transparent tracking of inclusion outcomes through data and reporting.
Next Steps and Timeline
The consultation window is closing — providers and organisations are invited to submit feedback on the Issues Paper outlining these potential reforms. While the final form of legislation has yet to be settled, the direction is clear: greater accountability, stronger preventive obligations and more meaningful inclusion. Organisations that begin to adapt now will be in a better position to respond when changes are legislated.
Why This Matters
Inclusion in services, employment and everyday life is a lived reality for people with disability. When support systems and organisations actively embed accessibility, respect and anticipation of needs, the impact on quality of life can be profound. These proposed reforms aim to embed those expectations into law — and service providers who move early stand to demonstrate leadership, build trust and deliver better outcomes for participants.
