| DDA 1992 | Federal law prohibiting disability discrimination in digital goods and services |
|---|---|
| WCAG 2.2 AA | Minimum accessibility level recommended by the AHRC |
| April 2025 | AHRC publishes new Guidelines on equal access to digital goods and services |
| 5.5 million | Australians with disability — 21.4% of the population in 2022 |
Australia's accessibility legal framework
Three instruments shape digital accessibility in Australia. The DDA sets the legal duty. The AHRC Guidelines explain how to meet it. The Digital Experience Policy adds binding rules for federal government services.
Disability Discrimination Act 1992
Federal law banning disability discrimination in goods, services, employment, education and more.
AHRC Guidelines (2025)
Guidelines on equal access to digital goods and services. Issued under section 67(1)(k) of the DDA.
Digital Experience Policy
DTA policy for federal agencies. In effect from 1 January 2025, with phased standards.
What the DDA requires for digital services
The DDA does not mention websites by name. Section 24 makes it unlawful to discriminate when providing goods, services or facilities, paid or free. Websites, apps and online content fall under this rule.
Refusing service
Denying a person access to goods or services because of disability.
Unequal terms
Offering different terms or conditions to a person with disability.
Unequal manner
Providing the service in a way that puts a person with disability at a disadvantage.
Maguire v SOCOG: the landmark website case
In 2000, Bruce Maguire, a blind user, brought a complaint concerning the Sydney Olympics website. The Human Rights and Equal Opportunity Commission found that the website discriminated against him in breach of the DDA. The decision also recognised the relevance of WCAG as an accessibility standard under the DDA.
Technical standards: WCAG 2.2 and AS EN 301 549
The AHRC recommends WCAG 2.2 Level AA or higher to minimise discrimination. The Guidelines themselves are not legally binding. AS EN 301 549:2024 adopts EN 301 549:2021 (V3.2.1) and covers ICT products and services beyond the web.
- WCAG 2.2 Level AA
- AS EN 301 549:2024
- POUR principles
The 2025 Guidelines go beyond websites. They cover mobile apps, social media, AI, biometric technology and self-service machines such as kiosks.
Rules for federal government services
The Digital Transformation Agency's Digital Experience Policy took effect on 1 January 2025. It applies to Australian Government agencies. Each of its four standards has its own implementation and effective dates.
- Digital Service Standard, version 2, referencing the latest WCAG.
- Digital Inclusion Standard, so no user group is left behind.
- Digital Access Standard, for easy discovery and access.
- Digital Performance Standard, for monitoring and reporting.
The unjustifiable hardship defence
An organisation can argue that avoiding discrimination would impose unjustifiable hardship. Section 11 of the DDA lists the factors to consider. These include the benefits and detriments for the people concerned, the organisation's financial circumstances and the estimated costs. In the Maguire case, the Commission rejected this defence.
Enforcement and remedies
The DDA has no fixed fine schedule. Enforcement starts with an individual complaint. The AHRC is not a court and cannot rule that discrimination occurred.
| Enforcement and remedies | Stage | What happens |
|---|---|---|
| 1 | Complaint to the AHRC | A person with disability lodges a complaint about an inaccessible service. |
| 2 | Investigation and conciliation | The AHRC contacts the organisation and invites both sides to resolve the issue. Outcomes can include fixes, apologies or training. |
| 3 | Court proceedings | If conciliation fails, the complainant can take the matter to the federal courts. |
| 4 | Court orders | A court can award compensation, order remediation and issue injunctions. |
Source
- Disability Discrimination Act 1992 (Cth), Federal Register of Legislation
- AHRC, Guidelines on equal access to digital goods and services
- AHRC Guidelines, Chapter 3: Standards and guidelines for digital accessibility
- AHRC, Complaints under the Disability Discrimination Act
- DTA, Updates to the Digital Experience Policy and suite of Standards
- Maguire v Sydney Organising Committee for the Olympic Games (No 2) [2000] HREOCA 31
- Standards Australia, AS EN 301 549:2024
- Australian Bureau of Statistics, Disability, Ageing and Carers, Australia: Summary of Findings, 2022 (released 4 July 2024)
