Australian Disability Discrimination Act (ADDA)

    Overview 

    The Australian Disability Discrimination Act (ADDA) 1992 aims to eliminate, as far as possible, discrimination against individuals with disabilities across various areas of public life. These include employment, education, access to public premises, provision of goods and services, accommodation, and sport. The Act also seeks to encourage that individuals with disabilities have equal rights and opportunities as others and promotes community acceptance of these rights. The ADDA also covers digital accessibility, helping to facilitate that websites and digital content are accessible to individuals with disabilities, including those who are blind, visually impaired, deaf, or have cognitive disabilities.

    Regulation Summary

    Timeline
    • November 5, 1992 – ADDA enacted.
    • March 1, 1993 – Act comes into effect.
    • October 14, 2024 – Amendments introduced, strengthening enforcement mechanisms and digital accessibility requirements.
    What Businesses Are Affected
    • Public and private sector organizations, including:
      • Employers, service providers, and educational institutions.
      • Retail stores, hospitality businesses, and transportation services.
      • Online platforms, websites, and mobile applications offering services to Australians.
    Exemptions
    • Religious organizations and private clubs.
    • Certain small businesses where compliance imposes undue hardship.
    • Exemptions granted by the Australian Human Rights Commission (AHRC) under special circumstances.
    Responsibilities for Businesses
    • Ensure equal access to physical and digital environments.
    • Remove barriers that prevent individuals with disabilities from accessing services.
    • Provide auxiliary aids and services such as braille menus, captioning, and assistive technologies.
    • Implement reasonable adjustments to policies and procedures to prevent discrimination.
    Specific Responsibilities for Website Owners
    • Ensure websites and mobile apps meet Web Content Accessibility Guidelines (WCAG).
    • Provide alternative text for images and multimedia.
    • Enable keyboard navigation and avoid inaccessible design elements.
    • Ensure compatibility with screen readers.
    Additional Requirements
    • Compliance with WCAG standards to improve digital accessibility.
    • Provide captions and transcripts for audio and video content.
    • Ensure accessible online forms with clear labels and error identification.
    • Implement high-contrast text and resizable fonts for readability.
    Data Subject Rights
    • Equal access to goods, services, and digital platforms.
    • Right to file complaints with the Australian Human Rights Commission.
    • Right to request reasonable adjustments.
    • Right to pursue legal action for discrimination.
    Enforcement
    • Regulatory Authority: Australian Human Rights Commission (AHRC).
    • Penalties:
      • Fines for non-compliance vary based on severity.
      • Individuals can file private lawsuits.
      • Mandatory corrective actions may be imposed on businesses.
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