When Might Sport for People with Disability Be Discriminatory? An Examination of Section 28 of the Disability Discrimination Act 1992 (Cth)

Despite sporting inclusion initiatives, people with disability continue to face exclusion from sport in Australia. This article critically examines s 28 of the Disability Discrimination Act 1992 (Cth) (‘DDA’), which prohibits exclusion from sporting activities on the basis of disability. While intended to promote inclusion in sport, we argue that s 28 as currently drafted and applied does not adequately support fair and meaningful participation in sport for people with disability. More specifically, through analysis of ss 5, 6 and 28, we argue that current practices may perpetuate less favourable treatment or disadvantage and, therefore, fail to meet the DDA’s objectives. In so doing we contend that ensuring that persons with disability can participate ‘as far as possible’ with the mainstream requires opportunity for fair and meaningful competition, not merely access to sport. Aligning with the Convention on the Rights of Persons with Disabilities and recent reviews into disability, the article calls for changes to ensure that people with disability can have fair and meaningful experiences in sport.