Submission: Recognising Digital Accessibility as Direct Discrimination
under the DDA 1992
This submission recommends that digital accessibility be recognised as direct discrimination under the DisabilityDiscriminationAct1992, bringing digital inclusion into alignment with the existing standards for Education, Public Transport, and Access to Premises.
Why This Matters
Digital systems and online services are now fundamental to daily life, including employment, education, healthcare, finance, and government interaction.
When these platforms are inaccessible, people with disability face immediate and direct exclusion from essential services and opportunities.
Continuing to treat inaccessible design as indirectdiscriminationis outdated and no longer suitable for modern digital environments. Digital spaces function as public spaces, and exclusion within these environments constitutes structural discrimination.
Existing Standards That Support This Change
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AS EN 301549:2024 Australia’s formal accessibility standard for ICT products and services. Aligns with international requirements and WCAG 2.2 Level AA.
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Equal Access to Digital Goods and Services (AHRC) Confirms that digital access falls under the DDA. Identifies WCAG 2.2 Level AA as the minimum benchmark.
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ISO/IEC 40500:2025 References WCAG 2.2 Level AA as the minimum global benchmark.
Why Digital Accessibility Should Become a DDA Standard
- Clarity: Establishes clear and explicit obligations for digital accessibility.
- Accountability: Moves expectations from voluntary compliance to defined rights and responsibilities.
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Equity: Places digital access on the same level of importance as physical access requirements.
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Efficiency: Reduces reliance on individual complaints and legal action to resolve accessibility issues.
Benefits
Formal recognition of digital inaccessibility as direct discrimination would ensure that Australians with disability can fully engage with government services, participate in education, access employment, interact with businesses, and remain involved in community life.
Organisations would also gain clearer guidance, reduced legal uncertainty, and stronger frameworks for accessible digital design. Better accessibility improves usability for all users, including older Australians and people in rural or low bandwidth areas.
This approach would strengthen Australia’s leadership in disability inclusion and align national practice with global standards.
Recommendation
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Define digital inaccessibility as direct discrimination within the DDA. o Reference AS EN 301549:2024 as the Digital Accessibility Standard.
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Apply this definition consistently across all digital goods and services in every sector.
Yours sincerely.