Under the Disability Discrimination Act 1992 (Cth), Australian organizations have a legal obligation to ensure their websites are accessible to people with disabilities. This comprehensive guide explains your obligations, practical compliance steps, and how to demonstrate due diligence.
Key Takeaways
- The DDA requires Australian organizations to make websites accessible - failure to comply can result in complaints to the Australian Human Rights Commission
- WCAG 2.1 Level AA is recognized as the appropriate standard for web accessibility in Australia
- Documenting your compliance efforts is critical evidence of due diligence
What is the Disability Discrimination Act (DDA)?
The Disability Discrimination Act 1992 is Commonwealth legislation that makes it unlawful to discriminate against people with disabilities in many areas of public life, including access to information and services.
How the DDA Applies to Websites
Under the DDA, websites are considered a "service" under Australian law. This means:
- Organizations must ensure their websites don't discriminate against people with disabilities
- Inaccessible websites can constitute indirect discrimination if they create barriers to access
- The obligation applies to all Australian organizations - government, commercial, and not-for-profit
- Both public-facing and internal systems may be covered
Who Needs to Comply?
The DDA accessibility requirements apply to:
- Commonwealth, State, and Local Government agencies - All government websites and digital services
- Educational institutions - Universities, TAFEs, schools providing online content
- Commercial organizations - Businesses providing goods or services to the public
- Not-for-profit organizations - Charities, community groups, professional associations
- Government suppliers - Organizations contracting with government must meet accessibility standards
Consequences of Non-Compliance
Organizations that fail to comply with DDA accessibility requirements risk:
- Complaints to the Australian Human Rights Commission (AHRC) - Individuals can lodge formal complaints
- Conciliation proceedings - Time-consuming and resource-intensive dispute resolution
- Federal Court proceedings - Potential damages, costs, and public orders
- Reputational damage - Negative media coverage and brand impact
- Loss of government contracts - Procurement policies increasingly require accessibility compliance
WCAG 2.1 Level AA: The Australian Standard
The Australian Human Rights Commission recognizes the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the appropriate technical standard for web accessibility in Australia.
Understanding WCAG Conformance Levels
Level A (Minimum)
Basic accessibility features - addresses the most severe barriers but insufficient for DDA compliance
Level AA (Required for Australia)
The recognized standard in Australia - addresses major barriers and is achievable for most organizations
Level AAA (Enhanced)
The highest level - recommended where possible but not required for general DDA compliance
The Four WCAG Principles: POUR
1. Perceivable
Information must be presentable to users in ways they can perceive
- • Text alternatives for images and non-text content
- • Captions and transcripts for audio and video
- • Content that can be presented in different ways without losing meaning
- • Sufficient color contrast for text
2. Operable
Interface components must be operable by all users
- • All functionality available via keyboard
- • Sufficient time to read and use content
- • No content that causes seizures
- • Clear navigation and ways to find content
3. Understandable
Information and operation must be understandable
- • Text is readable and understandable
- • Content appears and operates in predictable ways
- • Users are helped to avoid and correct mistakes
- • Clear error messages and input assistance
4. Robust
Content must work with current and future technologies
- • Compatible with assistive technologies
- • Valid HTML and proper semantic markup
- • Programmatically determinable names and roles
Common WCAG Violations in Australian Websites
Based on accessibility audits, these are the most frequent issues:
- Missing alternative text - Images without descriptive alt attributes
- Insufficient color contrast - Text that doesn't meet 4.5:1 contrast ratio
- Keyboard accessibility issues - Interactive elements that can't be accessed via keyboard
- Form errors - Missing labels, unclear error messages, no error identification
- Heading structure problems - Skipped heading levels or improper hierarchy
- Link purpose unclear - Generic "click here" or "read more" links without context
- Missing focus indicators - No visible indication of keyboard focus
How to Demonstrate Due Diligence
Under Australian law, demonstrating that you've taken "reasonable steps" to ensure accessibility is a critical defense against discrimination complaints. Here's how to build evidence of due diligence:
1. Regular Compliance Monitoring
Conduct regular accessibility testing:
- Schedule automated WCAG scans at least monthly
- Document all scan results with timestamps
- Track issues discovered and remediation efforts
- Keep historical records to demonstrate ongoing commitment
2. Publish an Accessibility Statement
A public accessibility statement demonstrates transparency and commitment:
- State your organization's commitment to accessibility
- Specify the conformance level you're targeting (WCAG 2.1 AA)
- List known accessibility issues and remediation plans
- Provide a feedback mechanism for accessibility concerns
- Include the date of last review/update
3. Maintain Audit-Ready Documentation
Keep comprehensive records that can be produced if required:
- Timestamped compliance reports
- Evidence of issue remediation
- Staff training records on accessibility
- Procurement requirements for accessible systems
- Accessibility testing in development processes
4. Implement Remediation Processes
Show that you actively fix accessibility issues:
- Prioritize issues by severity and user impact
- Set remediation timelines and track progress
- Re-test after fixes are implemented
- Document the remediation process
5. Build Accessibility into Procurement
Ensure third-party systems meet accessibility standards:
- Include WCAG compliance requirements in RFPs
- Request VPAT (Voluntary Product Accessibility Template) documentation
- Test vendor-provided systems before deployment
- Include accessibility clauses in contracts
Practical Steps to Achieve Compliance
Step 1: Baseline Assessment
Understand your current accessibility state:
- 1. Run an automated WCAG 2.1 AA scan of your website
- 2. Review the results to identify major issues
- 3. Prioritize issues by severity and user impact
- 4. Estimate remediation effort and resources required
Step 2: Quick Wins
Address common high-impact issues first:
- • Add alternative text to all images
- • Improve color contrast for text
- • Add proper form labels
- • Fix heading hierarchy
- • Ensure keyboard navigation works
Step 3: Systematic Remediation
Work through remaining issues methodically:
- • Create a remediation schedule
- • Assign responsibility for fixes
- • Re-test after implementing fixes
- • Document all remediation work
Step 4: Ongoing Monitoring
Maintain compliance over time:
- • Schedule regular automated scans
- • Test new features before deployment
- • Update accessibility statement regularly
- • Train staff on accessibility requirements
Testing Tools and Resources
Recommended tools for Australian organizations:
- Automated testing - ComplyWeb, axe DevTools, WAVE
- Manual testing - Keyboard navigation, screen reader testing
- Color contrast - WebAIM Contrast Checker
- Browser extensions - axe, WAVE, Accessibility Insights
Special Requirements for Government Suppliers
If your organization supplies goods or services to Australian government, accessibility compliance is not optional - it's a procurement requirement.
Commonwealth Procurement Requirements
The Digital Service Standard requires:
- All digital services meet WCAG 2.1 Level AA
- Accessibility testing throughout development
- Published accessibility statements
- User research including people with disabilities
State and Territory Requirements
Each jurisdiction has specific policies:
- NSW - NSW Government Digital Service Standard
- VIC - Victorian Government Digital Standards
- QLD - Digital Service Standard
- WA - WA Government Digital Policy
- SA, TAS, ACT, NT - Various digital service policies
Government Supplier Tip
Keep procurement-ready evidence including compliance reports, accessibility statements, and documentation of your testing processes. These may be requested during tender evaluation.
Frequently Asked Questions
Do small businesses need to comply with the DDA?
Yes. The DDA applies to all organizations providing goods or services to the public, regardless of size. However, "reasonable adjustment" takes into account factors like organization size and resources. Small businesses should still aim for WCAG 2.1 AA compliance where reasonably achievable.
What if my website uses third-party components?
You remain responsible for the overall accessibility of your website, even if some components come from third parties. Choose accessible components, test them, and document any known limitations. Consider alternative solutions if third-party tools create significant barriers.
Is 100% compliance possible?
Perfect compliance is challenging, especially for large or complex websites. What matters legally is demonstrating reasonable efforts and ongoing commitment. Document your testing, fix issues as they're discovered, and maintain processes to prevent new barriers.
How often should I test for accessibility?
Regular testing is essential. Automated scans should run at least monthly. Test any new features or content before deployment. Conduct more comprehensive manual testing quarterly. Document all testing to demonstrate ongoing due diligence.
What happens if someone files a complaint?
Complaints are lodged with the Australian Human Rights Commission, which attempts conciliation. If unsuccessful, the matter may proceed to Federal Court. Evidence of due diligence - including regular testing, documented remediation efforts, and accessibility statements - is your best defense.
Start Your Compliance Journey Today
Run a free WCAG 2.1 Level AA scan of your website and get your baseline compliance report
Legal Disclaimer: This guide provides general information about the Disability Discrimination Act 1992 and web accessibility requirements in Australia. It does not constitute legal advice. Organizations should consult qualified legal professionals for advice specific to their circumstances. ComplyWeb provides monitoring and evidence of due diligence efforts but does not guarantee full legal compliance.