As a Self-Managed National Disability Insurance Scheme (NDIS) participant and a qualified Access Consultant, I possess a unique perspective on the obligations outlined in the Disability Discrimination Act (DDA). As well as, my involvement with the International Communication Rights Alliance (ICRA) has deepened my understanding of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the obligations of signatory states. Given this background, I feel compelled to address the urgent need for reform in these areas, especially in light of the Australian Government’s recent review of the DDA.
My recent NDIS plan review, in light of Bill Shorten’s assertions about “saving the NDIS,” prompts important questions about the true meaning of “ruining.” It is vital to assess whether Shorten’s actions are consistent with the principles established in the DDA and the UNCRPD. As an Access Consultant, I am often frustrated by the high number of non-compliant buildings and the frequency of requests for Performance Solutions late in projects, indicating that accessibility often becomes an afterthought. Additionally, as someone with Cerebral Palsy, I frequently face discrimination, particularly due to my communication access needs, as people often mistakenly assume I have an intellectual impairment. I often think to make myself, “yep, the DDA is working” sarcastically
If we are genuinely committed to theUNCRPD and updating the DDA, I proposed that we must seriously consider establishing a Disability Ombudsman. The current system often relies on individuals to enforce compliance with the DDA, a process that is lengthy and burdensome.
The role of a Disability Ombudsman would allow individuals with disabilities to report inadequate access in a streamlined manner, enabling the Ombudsman to issue notices and enforce penalties in severe cases. Such measures would ensure that Access to Premises Standards are upheld, thereby making compliance a priority for the construction industry and building owners.as well as giving Architects and Building Surveyors a wake up call that they have a responsibly to ensure that they are meeting compliance and they are fulfilling their duty to care to their clients by reducing the risk of getting a complaint under the DDA.
Furthermore, a Disability Commissioner could play a crucial role in safeguarding the rights of people with disabilities, particularly by limiting the NDIS Minister’s ability to arbitrarily alter what constitutes reasonable and necessary supports. Both the UNCRPD and DDA prohibit government and community actions that restrict the rights of individuals with disabilities. This is particularly relevant in light of Bill Shorten’s decision to remove sex therapy from NDIS coverage, a move that contradicted the High Court of Australia’s ruling protecting the human rights of individuals with disabilities. When I raised this issue with my local MP, the response was that it did not align with community expectations—an assertion that raises concerns about bias.
While the UNCRPD and DDA have made significant strides in improving the lives of individuals with disabilities, the burden of filing complaints and pursuing legal action should not fall on those already facing significant challenges. It is vital to establish a Disability Commission and Ombudsman if we truly want to honour the commitments outlined in the UNCRPD and DDA. Only then can we begin to create a system that respects and protects the rights of all individuals with disabilities.
