ISA Submission to the Disability Discrimination Act Review

20 October 2025

Independent Schools Australia (ISA) prepared this submission in response to the Australian Government's review of the Disability Discrimination Act (DDA).

Independent Schools Australia (ISA) prepared this submission in response to the Australian Government’s review of the Disability Discrimination Act (DDA).

Over 175,000 students with a disability attend 1,206 Independent schools in Australia, making up more than 23% of the student population. Nearly all (98%) Independent schools have enrolled students with disability. Additionally, 22,000 students attend 151 Independent special and special assistance schools specifically designed to support students with disability and other special needs.

The Attorney-General is considering the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability’s (the Royal Commission on Disability) 15 recommendations for the DDA, as well as on other potential amendments aimed at modernising and strengthening the Act. This review acknowledges that the DDA should be improved and seeks views on the best way to do it for both people with disability and those who have duties under the Act.

Some of the proposed changes will directly impact Independent schools. These include the introduction of a “positive duty,” which would require schools to proactively prevent discrimination instead of addressing it after it occurs and reviewing the requirements for demonstrating “unjustifiable hardship”.

ISA has focused its response on the specific areas that would most affect Independent schools. This submission was prepared in consultation with the state and territory Associations of Independent Schools.