EASE Access Consulting

EASE Access Consulting At EASE Access Consulting we are dedicated to making society more accessible and inclusive. We are disability positive and neuro-affirming.

12/09/2025

DDA Review Blog 3 – Positive Duty

In my first blog, I briefly mentioned the positive duty now enshrined under the S*x Discrimination Act. The current DDA review is seeking comment s on introducing a positive e duty into the DDA as recommended by the Disability Royal Commission.

The positive duty under the SDA is limited to employers and persons conducting a business or undertaking (making it similar to the positive duty under work health and safety laws). The DRC recommended the positive duty under the DDA be modelled on this.

However, the duty should extend to all duty holders under the DDA, not just employers and persons conducting a business or undertaking

The positive duty will require a duty holder to take reasonable and proportionate measures to eliminate, as far as possible, discrimination against people with disability. This shifts the law from a complaints-based model to a prevention-based model.
A positive duty already exists in some State and Territory discrimination and equal opportunities legislation.

A question always arises about the regulatory burden of a positive duty. I however argue that a positive duty already exists for specific harm prevention legislation already, as outlined above and extending this duty to disability discrimination would only be incremental.

Work health and safety laws already require prevention of psychological harm by eliminate psychosocial risks, or if that is not reasonably practicable, minimise them so far as is reasonably practicable.

So, how would a positive duty work in practice?
Guidance prepared by the Australian Human Rights Commission on the positive duty under the SDA, would be the basis upon which guidance for the DDA is likely to be developed, and could include:
• Ensuring recruitment and induction policies do not discriminate based on a person’s disability
• Disability awareness and inclusion education and training
• Fostering a culture of inclusion and diversity of lived experience
• Establishing lived experience consultation opportunities
• Identifying and providing a suite of adjustments that can be made across in the workplace/community/education settings e.g. physical, sensory, task or activity design, modified schedules etc.
• Providing supports to ensure inclusion and wellbeing

04/09/2025

Blog 2 – DDA Review – Definitions
In this second blog I would like to explore who the DDA protects.

The current definition of disability, in relation to a person, means:
(a) total or partial loss of the person’s bodily or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or illness; or
(e) the malfunction, malformation or disfigurement of a part of the person’s body; or
(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and includes a disability that:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future (including because of a genetic predisposition to that disability); or
(k) is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

There is a lot to unpack here:
1. It uses deficit-based language, where the disability lies with the individual and that the disabled person needs to ‘adapt or be cured’ to fit the environment and society.
2. This is not aligned to the social model and human rights model of disability; where it is affirms that the physical and social ‘environment’ that is disabling.
3. It does not acknowledge that a person can experience more than one of the defined disabilities
4. It does not acknowledge that a person can face discrimination based on a number of personal attributes
5. Consistent with point 3., a person may face discrimination under all Federal Discrimination Acts and need to raise a complaint against each, creating significant burden

It is important that the definition of disability is reframed as a social construct.

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) external defines a disability as any long-term physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder the full and effective participation of disabled people in society on an equal basis with others.

Of particular interest to myself and my family is how neurodivergence is described. It largely relates to definition (f) but can also include (g)
I have a number of concerns here:
1. Neurodivergence is cast as a ‘disorder or malfunction’ and interpreted as not ‘normal’.
2. It doesn’t reflect that being neurodivergent is part of human diversity, often bringing unique strengths like creativity, pattern recognition, and focused attention.
3. It focuses on learning only, not how we experience and interact with the world.
4. It has often been interpreted as a deficit in ‘cognitive ability’.
5. definition (g) references ‘disturbing behaviour’ which is subjective and can be an ableist concept. Reframing to ‘unsafe behaviours’ (to self and others) would be preferable.

There is also an ongoing debate over the use of the term ‘disability’ versus ‘impairment’. Impairment is considered to better reflect the social model in that it is society and the environment that impairs someone. I am on the fence over the best descriptor for legislation, because I am also conscious that the word ‘disability’ brings with it enormous stigma that needs to be eliminated.

I am interested in your thoughts on how we can ensure these outdated definitions reflect lived experience and lead to a truly inclusive society.

https://www.linkedin.com/feed/update/urn:li:activity:7365949276641771520
26/08/2025

https://www.linkedin.com/feed/update/urn:li:activity:7365949276641771520

My Thoughts On The DDA Review I recently attended an in person workshop kicking off the review of the Disability Discrimination Act. Having worked in the mining industry for over 2 decades, primarily on safety, health and human rights, my personal focus has been on reducing harm. I stepped away from...

22/08/2025

⚠️ BREAKING

MEDIA RELEASE
22 August 2025

ANPA Lodges Notice of Concern: Minister Given 30 Days to Act

The Australian Neurodivergent Parents Association (ANPA) has lodged a formal Notice of Concern with Minister Mark Butler. The notice gives the Minister 30 days to address urgent harms caused by his government’s policies, including breaches of the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

The Notice cites:

the growing number of people being moved off the NDIS into no support at all, and

mounting evidence of harm from NDIS cuts and policy changes, documented through ANPA’s Harm Tracker.

If the Minister fails to act, ANPA will escalate to the UN Committee on the Rights of Persons with Disabilities, seeking their advocacy to refer Australia’s breaches to the International Court of Justice (ICJ).

“We have had enough,” said Sarah Langston, President of ANPA.

“Australia signed and ratified the UNCRPD. That means our government is bound by international law. Breaching Disabled people’s rights is not just bad policy — it’s unlawful.”

ANPA notes that Minister Butler’s National Press Club announcements came as a complete surprise to Australia’s Disabled People’s Representative Organisations (DPROs), who were not consulted in advance.

This is a direct contravention of Article 4(3) of the UNCRPD, which requires governments to work in partnership with DPROs.

“These so-called reforms risk displacing evidence-based supports, wasting public money, harming children during critical developmental windows, and deepening inequality. We cannot and will not accept this,” Langston said.

ANPA is clear: unless the Minister reverses course and commits to genuine consultation with Disabled people, international accountability will follow.

The complete Notice of Concern follows.

ENDS
Contact: Sarah Langston — exec@thisisanpa.org

Notice of Concern – Breach of the UNCRPD

Attn To:
Hon. Mark Butler MP
Minister for Health and Aged Care
Minister for Disability and Ageing

From:
Australian Neurodivergent Parents Association (ANPA)
A recognised Disabled People’s Representative Organisation (DPRO)
Date: August 21, 2025.

Subject: Notice of Concern – Breach of the UN Convention on the Rights of Persons with Disabilities

Dear Minister Butler,

As a DPRO representing Neurodivergent parents and families, we issue this formal Notice of Concern regarding recent government conduct that we believe places Australia in breach of its obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and its Optional Protocol (OP-CRPD).

1. Specific Concerns

1. Failure to Consult (Art. 4(3))

Significant reforms affecting Autistic children have been announced without consultation with ANPA or other DPROs, contrary to the requirement for close consultation and active involvement.

2. Discriminatory Segregation (Arts. 5 & 19)

Autistic people have been singled out for differential treatment pathways solely due to population size. This constitutes disability-based discrimination and segregation, prohibited under the UNCRPD.

3. Use of Non-Clinical and Rejected Terminology

The repeated use of terms such as “mild/moderate autism” has no clinical basis, is rejected by Autistic people and their representative organisations, and reflects discredited frameworks linked to harmful ideologies.

4. Unsafe Program Implementation (Arts. 7, 24, 25 & 26)

The proposed national rollout of the Inklings program lacks independent safety data, long-term adverse event monitoring, or transparency in protocols.

Publicly available materials indicate the program may promote masking of Autistic traits — a practice associated with long-term harms including anxiety, depression, and suicidality.
Despite repeated requests, DPROs have been denied access to full therapy manuals and protocols for independent review.

5. Documented Widespread Harm

Evidence gathered through the Harm Tracker, an independent grassroots monitoring project led by Disabled people and allied health workers, shows systemic harm already occurring as a result of recent NDIS pricing and policy changes:

Scale of impact: over 6,300 individuals (participants, carers, and providers) have reported harm across every state and territory.

Mental health decline: more than 80% reported anxiety and/or depression following NDIS cuts or changes.

Service access collapse: nearly 70% lost access to essential supports, with providers withdrawing due to pricing freezes and travel cuts.

Regional inequity: rural and regional participants disproportionately affected by travel funding cuts, leaving many with no viable service options.

Market distortion: small and medium providers are withdrawing from the market, forcing participants to rely on larger providers — often with less personalised, less safe, and less responsive practices.

This evidence demonstrates that reforms are causing widespread, measurable, and escalating harm.

2. Required Action

We formally advise that the Government must:

Cease the use of non-clinical and offensive terminology such as “mild/moderate autism.”

Immediately halt plans to implement the Inklings program pending independent safety review and full consultation with DPROs.

Reverse harmful pricing freezes and travel cuts that have destabilised service provision and directly harmed participants.

Reinstate essential supports lost to NDIS participants as a result of recent pricing and policy changes.

Establish an independent, transparent harm-monitoring mechanism (such as integration of the Harm Tracker into NDIA quarterly reporting).

Commit to genuine co-design with Disabled people and their representative organisations before implementing any further reforms.

3. Notice of Escalation

If corrective steps are not taken within 30 days, The ANPA reserves the right to:

Submit a communication under Article 1 of the Optional Protocol to the UNCRPD;

Provide evidence to the UN Committee on the Rights of Persons with Disabilities;

and

Raise this matter with the UN Special Rapporteur on the Rights of Persons with Disabilities and request advocacy to escalate the matter to the International Court of Justice (ICJ) to seek intervention on behalf of the Disabled community of Australia.

This Notice serves to place the Government on record that Australia has been formally advised of these breaches by a recognised DPRO.

Yours sincerely,

Sarah Langston (she/her)

President
Australian Neurodivergent Parents Association

“Nothing About Us Without Us”
exec@thisisanpa.orghttps://www.thisisanpa.org

20/08/2025
17/08/2025

Suspension must be an act of last resort. There must also be a detailed return to school strategy which supports the child, and restorative practices to rebuild safe and respectful relationships.

I am excited about the review of the Disability Discrimination Act.  https://lnkd.in/gDVQDrCRA positive duty is essentia...
09/08/2025

I am excited about the review of the Disability Discrimination Act. https://lnkd.in/gDVQDrCR

A positive duty is essential for a more equitable and inclusive society, that finally acknowledges that it is the environment that disables people; eliminates stigma; and removes barriers to access.

For those with non-visible disabilities, this also has the opportunity to change society perceptions

This link will take you to a page that’s not on LinkedIn

Who else thinks this is ableist?https://www.facebook.com/share/p/16qbhZvEts/
25/07/2025

Who else thinks this is ableist?

https://www.facebook.com/share/p/16qbhZvEts/

Teachers, looking for support on responding to disengaged and disruptive behaviours in the classroom?

Here are some responses you can follow.

The Australian Education Research Organisation - AERO works with the education community to develop relevant and evidence-based resources to support teachers.

Exactly
12/07/2025

Exactly

This is not about sunburn.

It's about trying to desensitise our kids to distressing sensory input.

We don't desensitise.
We educate.
We accommodate.

Yes?

Em 🌈

21/05/2025

Do you have neurodivergent employees?

You may or many not know it, but of course, the answer is YES!

Ease Access Consulting conducts Workplace Access and Sensory Audits to identify reasonable adjustments for neurodivergent employees in the workplace, through.
- Understanding the sensory inputs of the workplace and task design
- Understanding the sensory profile of the employee, communication preferences and task structure

What is involved?:
1. Undertaking an Access Audit of the workplace, with a specific scope on all areas routinely used by the employee
- entrances and exits
- bathroom and kitchen facilities
- light levels
- background and incidental noise
- ventilation (including smell extraction)
- temperature differences
- workspace features (desk location, seating etc)
- visual inputs and signage
- quiet spaces

2. Discussion with the employee to:
- understand sensory profile
- communication style and preferences (verbal, written and group requirements)
- task requirements and process

3. Discussion with managers about work program, task design, and any existing adjustments

4. Written report with neuro-inclusive recommendations tailored to the individual employee and workplace

Head to EASE Access Consulting for further information.

Address

Melbourne, VIC

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