Recognising Digital Accessibility as Direct Discrimination Under the DDA 1992

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Digital Access Solutions and Assistive Technologies Pty Ltd (DASAT)

ABN: 24 634 230 694

redacted

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)

Summary

This submission calls for digital accessibility to be recognised as direct discrimination under the DDA 1992 aligning digital inclusion with existing standards legislated under Division 2A section 32 of the DDA for Education, Transportation, and Premises Standards.

Why This Matters

  • Digital services are now essential to daily life: employment, education, health, work, finance, and government services.
  • Inaccessible digital platforms result in immediate and direct exclusion for people with disability.
  • Treating inaccessible design as indirect discrimination is outdated and ineffective.
  • Digital spaces are public spaces. Exclusion is a 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 digital access is protected under the DDA.

  • 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 obligations explicit rather than assumed.
  • Accountability: Moves from voluntary compliance to enforceable rights.
  • Equity: Treats digital access with the same importance as physical access.
  • Efficiency: Reduces reliance on individual complaints and legal cases.

Benefits

  • All Australians with disability can engage equally with government, employment, business, education, and community life.
  • Organisations will have clear guidance and reduced legal uncertainty.
  • Accessibility improves usability for everyone — including older users and people in rural or low-bandwidth areas.
  • Cements Australia as a leader in disability inclusion aligned with global best practices.

Recommendation:

  • Formulate and legislate a Digital Standard under the Disability Discrimination Act referencing the existing Digital Accessibility Standard AS EN 301549:2024, and apply this standard to all digital goods and services across sectors.

Yours sincerely, Narelle Wright

E: redacted Director of Marketing and Digital Accessibility Digital Access Solutions and Assistive Technology PTY LTD

Dr redacted CEO - Centre for Accessibility

redacted Senior Policy and Advocacy Advisor E: redacted Endeavour Foundation

redacted Stakeholder Engagement Lead E: redacted Guide Dogs Queensland

redacted NDIS participant E: redacted