Submission: Recognising Digital Accessibility as Direct Discrimination Under the DDA 1992
To: The Attorney-General’s Department Re: Inclusion of a Digital Accessibility Standard in the Disability Discrimination Act 1992 (DDA)
I am calling for digital accessibility to be recognised as direct discrimination under the Disability Discrimination Act 1992, aligning digital inclusion with the existing standards for Education, Public Transport, and Access to Premises.
Why This Matters
Digital services are now essential to everyday life — employment, education, health, finance, and access to government services. When digital platforms are inaccessible, people with disability experience immediate and direct exclusion.
Treating inaccessible design as indirect discrimination is outdated and ineffective. Digital spaces are public spaces, and when people are excluded, it becomes a clear form of structural discrimination.
Existing Standards Already Support This
- AS EN 301549:2024: Australia’s formal accessibility standard for ICT products and services aligns with international requirements and WCAG 2.2 Level AA.
- Equal Access to Digital Goods and Services (AHRC): Confirms that digital access is protected under the DDA. It references WCAG 2.2 Level AA as the minimum benchmark.
- ISO/IEC 40500:2025: References WCAG 2.2 Level AA as the minimum benchmark.
Why Digital Accessibility Should Be a DDA Standard
- Clarity: Makes digital accessibility obligations explicit rather than assumed.
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Accountability: Moves from voluntary compliance to enforceable rights.
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Equity: Ensures digital access is treated with the same importance as physical access.
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Efficiency: Reduces the need for individual complaints and lengthy legal processes.
Benefits
Recognising digital accessibility as a standard will allow all Australians with disability to engage equally in government, employment, business, education, and community life.
Organisations will benefit too by gaining clear guidance, reducing legal uncertainty, and improving usability for everyone, including older Australians and those in rural or low-bandwidth areas.
It will also position Australia as a global leader in disability inclusion, aligned with best international practices.
Proposed Legislative Change
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Define digital inaccessibility as direct discrimination under the DDA.
o Reference the Digital Accessibility Standard AS EN 301549:2024.
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Apply this definition across all digital goods and services, in every sector.
Yours sincerely,
Narelle Wright Person with severe vision impairment.