Hall & Wilcox leads reform to correct disability language in legislation

In a bid to correct offensive terminology that emphasises the presence of a disability rather than the need for accessibility, Hall & Wilcox has led a pro bono reform project to change the way disabilities are mentioned – and eventually understood – in legislation.

The term ‘handicapped’ has been replaced in most social security legislation, but special counsel Barbara Casado noticed it was still being used in the Social Security Act and the Social Security Guide of the Department of Social Services.

This prompted Casado to gather a team of Hall & Wilcox lawyers to draft a research brief explaining why the term ‘handicapped’ should be expunged from legislation, policy documents, guidelines and information resources.

The completed brief was sent to Economic Justice Australia, the peak organisation for community legal centres providing specialist advice to people on their social security issues and rights. For Casado, talking about disability the correct way is the first step to enacting real change.

“While implementing the report’s recommendations might seem like a small change, it’s a vital change,” Casado said. “Language can greatly impact the way people feel about themselves, and it can shape what society considers appropriate. Our involvement in the project is aligned with our purpose of enabling people, our clients and our communities to thrive.”

Upon receiving the report, Minister for Social Services Amanda Rishworth and the Department of Social Services have since committed to implementing the team’s recommendations.

“Words have power, including the power to degrade a person’s dignity,” said Nathan Kennedy, head of pro bono and community at Hall & Wilcox. “The language of our law and policy must respect human dignity and therefore human rights, particularly those of people with disability. The firm is proud to have partnered with Economic Justice Australia in securing this important change.”