AustraliaDisability Discrimination Act 1992, Disability Discrimination in Goods, Services and Facilities
Disability Discrimination Act 1992 (Cth), ss. 24, 5-6, 11 and 29A
In force since .
A disability discrimination rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Prohibition
As of .
What it requires
- The Act names no technical standard for a website or app: the duty is the rule in section 24 against discriminating on the ground of disability in providing goods, services or facilities, tested by the direct and indirect discrimination rules in sections 5 and 6.
- If you provide goods or services, or make facilities available, whether for payment or not, do not refuse to provide them to a person, or provide them on worse terms or conditions or in a worse manner, because of the person’s disability (section 24).
- Make reasonable adjustments for a person with a disability where failing to do so would leave the person treated less favourably than a person without the disability would be treated in circumstances that are not materially different (section 5(2)); an adjustment is reasonable unless making it would impose an unjustifiable hardship on you (section 4(1)).
- Do not require a person to comply with a requirement or condition that they cannot meet because of disability, or could meet only if you made reasonable adjustments you do not make, where it disadvantages persons with that disability, unless the requirement or condition is reasonable; you must prove that it is reasonable (section 6).
- If you rely on unjustifiable hardship (sections 11 and 29A), you must prove it, taking account of all relevant circumstances, including the benefit or detriment to the people concerned, the effect of the disability, your financial circumstances and the estimated expenditure required, the financial and other assistance available to you, and any relevant action plan given to the Commission.
- Do not cause, instruct, induce, aid or permit another person to do an act that is unlawful under Division 1, 2, 2A, 3 or 6 of Part 2; you are taken also to have done it (section 122), and conduct engaged in for you by a director, employee or agent within actual or apparent authority is treated as yours unless you took reasonable precautions and exercised due diligence to avoid it (section 123).
- Comply with any disability standard made under section 31 that applies to your conduct: contravening one is unlawful (section 32), and acting in accordance with one takes your act outside Part 2 other than Division 2A (section 34).
These lines are LexLint's reading of the law's text, as of . Also read by: Australian Human Rights Commission (guidance, recorded ).
Who enforces it
Enforcement body
Australian Human Rights Commission (receives complaints of unlawful discrimination)
Settledness
The Commission’s April 2025 Guidelines are issued under section 67(1)(k) of the Act and are not legally binding.
- As of
- Guidance link
- https://humanrights.gov.au/__data/assets/file/0027/47358/Guidelines-equal-access-digital-goods-services.pdf
- Guidance body
- Australian Human Rights Commission
- Open questions
- Which technical standard and conformance level a court treats as the measure of non-discriminatory provision of a website or app, given that neither the Act nor a disability standard under section 31 that has been read names one?
What this law does
Section 24 makes it unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s disability by refusing to provide them, in the terms or conditions on which they are provided, or in the manner in which they are provided.
The Act’s definition of services includes services relating to banking, insurance, superannuation, entertainment, recreation or refreshment, transport or travel, and telecommunications. Direct discrimination includes a failure to make reasonable adjustments for the person (section 5(2)). An adjustment to be made by a person is a reasonable adjustment unless making the adjustment would impose an unjustifiable hardship on the person.
Indirect discrimination covers a requirement or condition that has, or is likely to have, the effect of disadvantaging persons with the disability. The burden of proving that the requirement or condition is reasonable lies on the person who requires the other person to comply with it. Section 29A provides that Division 2 of Part 2 (other than section 30) does not render it unlawful to discriminate if avoiding the discrimination would impose an unjustifiable hardship on the discriminator.
The burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship. The limited application provisions are the provisions of Divisions 1, 2, 2A and 3 of Part 2 other than sections 20, 29 and 30.
They have effect in relation to discrimination by a trading or financial corporation formed within the limits of the Commonwealth, to the extent that it takes place in the course of the trading activities of the trading corporation or the financial activities of the financial corporation. They also have effect to the extent that they give effect to the Disabilities Convention. It is unlawful for a person to contravene a disability standard.
The Act confers no right of action for an act unlawful under Part 2 unless a provision of the Act expressly provides otherwise. A written complaint alleging unlawful discrimination may be lodged with the Australian Human Rights Commission.
Once the President has terminated the complaint and given notice, an application alleging unlawful discrimination may be made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) within 60 days after the date of issue of the notice, or within such further time as the court allows. The application must not be made unless the court grants leave to make it, or the complaint was terminated under paragraph 46PH(1)(h) or paragraph 46PH(1B)(b).
If the court is satisfied that there has been unlawful discrimination, it may make such orders as it thinks fit, including an order declaring that the respondent has committed unlawful discrimination and directing it not to repeat or continue it, an order requiring it to perform any reasonable act or course of conduct to redress loss or damage, and an order requiring it to pay damages by way of compensation.
The Commission’s Guidelines on equal access to digital goods and services are not legally binding. The Guidelines advise that organisations should conform with WCAG 2.2 at a minimum Level AA.
When LexLint raises it
When your app profile says your app ships a consumer interface.