Australia and New Zealand

Disability Discrimination Act of 1992

The focus on web accessibility in Australia has largely come as a result of the Disability Discrimination Act (DDA) of 1992 - external link. This Act includes several statements that could directly apply to web accessibility. Under section 24 it is unlawful for a person who provides goods, facilities or services to discriminate on the grounds of disability by:

• refusing to provide the other person with those goods or services or to make those facilities available to the other person; or
• in the terms or conditions on which the first-mentioned person provides the other person with those goods or services or makes those facilities available to another person; or
• in the manner in which the first mentioned person provides the other person with those goods or services or makes those facilities available to the other person.

The National Information Library Service - external link has an extensive list of Australian web accessibility policies and guidelines - external link for government (including state), libraries, education, universities, and industry.

World Wide Web Access: Disability Discrimination Act Advisory Notes

The document, World Wide Web Access: Disability Discrimination Act Advisory Notes - external link (Version 3.2) was created in August 2002 by the Human Rights and Equal Opportunity Commission (HREOC) who has the responsibility for ensuring that Commonwealth web sites are accessible to all. These notes are not legal requirements, but contain advice on how to avoid discrimination. The following guidelines were given on the HREOC site as to how best to make use of these DDA Advisory Notes. This is a very useful document that all Australian agencies should become familiar with as they work toward creating accessible web content.

1. They are intended to assist people and organizations involved in developing or modifying World Wide Web pages, by making clearer what the requirements of the DDA are in this area, and how compliance with them can be achieved.
2. These notes do not have direct legal force, nor do they substitute for the provisions of the DDA itself. However, HREOC and other anti-discrimination agencies can consider these notes in dealing with complaints under the DDA.
3. Following the advice provided in these advisory notes should also make it far less likely that an individual or organization would be subject to complaints about the accessibility of their web page.

In specific sections of the HREOC: World Wide Web Access: Disability Discrimination Act Advisory Notes it discusses who the DDA applies to and what web services should be accessible.

[Section 2.2] The provision of information and online services through the Worldwide Web is a service covered by the DDA. Equal access for people with a disability in this area is required by the DDA where it can reasonably be provided. This requirement applies to any individual or organization developing a Worldwide Web page in Australia, or placing or maintaining a web page on an Australian server. This includes pages developed or maintained for purposes relating to employment; education; provision of services including professional services, banking, insurance or financial services, entertainment or recreation, telecommunications services, public transport services, or government services; sale or rental of real estate; sport; activities of voluntary associations; or administration of Commonwealth laws or programs. All these are areas specifically covered by the DDA. (Emphasis added)

[Section 2.2] In addition to these specific areas, provision of any other information or other goods, services or facilities through the Internet is in itself a service, and as such, discrimination in the provision of this service is covered by the DDA. The DDA applies to services whether provided for payment or not. (Emphasis added)

Accessibility of electronic commerce and new service and information technologies for older Australians and people with a disability

Accessibility of electronic commerce and new service and information technologies for older Australians and people with a disability - external link was drafted by the HREOC in March 31, 2000.

This report includes the Commission's examination of information technology issues affecting older Australians and people with disabilities. Specifically addressed is the use of digital technology and its potential benefits for many people with disabilities and older people in providing access to previously inaccessible information and services.

Australian National Audit Office Better Practice Guide: Internet Delivery Decisions

HREOC also worked with the Australian National Audit Office to create the Australian National Audit Office Better Practice Guide: Internet Delivery Decisions - external link that provides advice on how government managers can make government internet sites more accessible. This guide explains the reasons for making sites more accessible and also describes the meaning of accessibility.

Government Online—The Commonwealth Government's Strategy

The Commonwealth Government's Strategy - external link was meant to drive the development of a seamless national approach to the provision of online services by acting as a key reference for Government agencies and their stakeholders. It also set out an operational framework for agencies to meet the Prime Minister's target of putting all appropriate Government services online by 2001. This report was released April 6, 2000.

The Guide to Minimum Web Site Standards—Accessibility

This important document, The Guide to Minimum Web Site Standards—Accessibility - external link, describes the standards that are required for web accessibility in Australia (the Web Content Accessibility Guidelines 1.0 developed by the WAI). Implementation requirements are also discussed.

Accessible Web Action Plan

The Internet Industry Association (IIA), Australia's national body for the Internet, supported by the Australian Interactive Multimedia Industry Association (AIMIA), created an Accessible Web Action Plan - external link to address the problem of web accessibility in Australia. (Sep. 6, 2002)

The IIA discusses this Accessible Web Action Plan in a news release, Towards a More Accessible Internet - external link

Bruce Lindsay Maguire vs. Sydney Organizing Committee for the Olympic Games (SOCOG)

A major case testing the Australian resolve for web accessibility came in June of 1999. More than a year before the Olympic Games, Bruce Maguire issued a complaint to the HREOC, stating that the web site for the Sydney Organizing Committee of the Olympic Games (SOCOG) was not accessible as required by the Disability Discrimination Act of 1992. The following articles summarize the trial, and the decision.

• This NUblog articleReaders guide to Sydney Olympics accessibility complaint - external link, is a well written summary of the whole Maguire vs. SOCOG case.
• The Aug. 24, 2000 Decision - external link, the Reasons for Decision of the Honourable W. J. Carter QC, Inquiry Commissioner Bruce Lindsay Maguire v Sydney Organizing Committee for the Olympic Games
• Reasons for Decision of the Honourable W. J. Carter QC, Inquiry Commissioner, Concerning Relief - external link
• The issue of disabled access to the web is examined using the case of the 2000 Olympic web site in Olympic Failure: A Case for Making the Web Accessible - external link by Tom Worthington.