The APS was pleased to provide the following feedback responding to the Disability Discrimination Act Issues Paper.
Support for DRC Recommendations: The APS endorses the recommendations of the Disability Royal Commission to strengthen protections under the DDA.
Recognition of Intersectional Disadvantage: The APS advocates for amendments to the DDA that acknowledge and address intersectional discrimination, enabling individuals affected by multiple forms of disadvantage to more easily bring forward complaints.
Replacement of the Comparator Test: The APS supports replacing the comparator test with a detriment test to better reflect the lived experiences of people with disability and simplify the process of proving discrimination.
Alignment with the Disabilities Convention: The APS recommends consideration is given to updating the DDA to explicitly reference the United Nations Convention on the Rights of Persons with Disabilities, reinforcing Australia's commitment to international human rights standards.
Introduction of a Positive Duty: The APS endorses the introduction of a positive duty to eliminate disability discrimination, which shifts the focus from reactive complaints to proactive prevention.
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