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.
Design websites and applications that follow Web Content Accessibility Guidelines (WCAG) 2.1 Level AA to meet digital accessibility expectations.
Support features like screen reader compatibility, keyboard navigation, resizable fonts, and color contrast options to improve access for individuals with different disabilities.

Specific Responsibilities for Website Owners

Ensure websites and mobile apps comply with WCAG 2.1 Level AA.
Provide alternative text for images and multimedia.
Enable full keyboard navigation.
Ensure compatibility with screen readers.
Offer features that support customization, such as resizable fonts, high-contrast modes, and font style adjustments.

Additional Requirements

Provide captions and transcripts for audio and video content.
Ensure accessible online forms with proper field labeling and real-time error identification.
Include a mechanism that allows users to report accessibility issues directly through the website or app.

Individual 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.