Disability Inclusion is officially ACT Law

By Jayden Seddon

29 August 2024

The ACT will be a more inclusive city for people with disability thanks to the passing of a Disability Inclusion Bill 2024 introduced by Suzanne Orr MLA with a commitment to the social model of disability now enshrined in ACT Law.

The ACT Legislative Assembly today passed The Disability Inclusion Bill 2024. The Bill provides for the first time in ACT Law a definition of the social model of disability to drive systemic change. Ms Orr says the Bill says this is a significant and important change.

“To date, the law in the ACT has defined disability through a clinical lens treating disability as something that is not normal and something that needs to be fixed or treated. This approach is outdated; people with disability do not need to be fixed or treated, the expectation and the law need to change” Says Ms Orr.

At the core of a social model of disability is the realisation that society needs to change. A social model of disability does not deny the reality of impairment nor its impact on an individual, but rather than expecting the individual to change, a social model ‘sees’ disability as the result of the interaction of people with impairments and an environment filled with physical, attitudinal, communication, social barriers and seeks to adapt the environment to be inclusive.

The Bill establishes a requirement for the Government to develop and review a suite of disability strategies to address and remove barriers across a range of priority areas. These strategies are in priority areas identified through Australia’s Disability Strategy 2021-2031 or deemed by the Minister and reflect areas where significant social barriers need to be addressed.

The Bill also establishes a requirement for Government entities to develop disability inclusion plans for their administrative units. Disability inclusion plans differ to strategies in that they apply to a singular entity and are focused on the specific actions that entity will take to make their organisation inclusive of people with disability. The requirement for Government to have these in place is to lead by example.

The Bill will establish a Disability Advisory Council to advise the ACT Government on systemic change on issues faced by people with a disability.

Over 200 people in the ACT community signed a petition to support disability inclusion and social model of disability in the ACT.

The Australian Bureau of Statistics Disability, Aging and Carers Survey 2018 found among people with disability aged 15 years and over that one in ten had experienced discrimination, up from 8.6 per cent in 2015. In addition, the same survey found that of the 3.3 million people with disability aged 15 years and over, one in three avoided situations because of their disability in the previous 12 months.

“To create a truly inclusive ACT we need to challenge and address ableism and identify and remove barriers to accessibility as a community, this Bill provides a robust and continuing framework to achieve that.” Says Ms Orr.

New South Wales and South Australia are the only states in Australia that have Disability Inclusion Acts, with each Act different to this Bill due to the legislative framework of each particular state.