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Web Accessibility Legal Risks Australia

In Australia, there are several laws that require organisations to make their websites and other online content accessible to people with disabilities. These laws include the Disability Discrimination Act 1992 (DDA) and the Australian Human Rights Commission Act 1986 (AHRCA).

Under the DDA, it is unlawful to discriminate against people with disabilities in the areas of work, education, and the provision of goods, services, and facilities. This includes the provision of online content and services. The AHRCA establishes the Australian Human Rights Commission, which has the power to investigate and conciliate complaints of discrimination, including complaints related to web accessibility.

Organisations that fail to make their websites and other online content accessible to people with disabilities may face legal action, including complaints to the Australian Human Rights Commission and legal proceedings in the Federal Court or Federal Circuit Court.

In addition to the legal risks, organisations may also face reputational risks if they are seen as not being inclusive or as not providing equal access to their online content and services. This could lead to negative publicity and damage to the organisation's reputation.

To reduce the risk of legal action and reputational damage, it is important for organisations to ensure that their websites and other online content are designed and developed with accessibility in mind. This may involve following web accessibility guidelines and standards, such as the Web Content Accessibility Guidelines (WCAG), and conducting regular testing and evaluation to ensure that the content remains accessible.

Our audit and compliance services help Australian organisations understand their current accessibility status and build a clear, prioritised plan to meet WCAG standards and reduce legal exposure.

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Common questions about Australian web accessibility law

What does the Disability Discrimination Act say about digital accessibility?

The DDA doesn’t name digital accessibility specifically, but its prohibition on discrimination in goods, services and facilities has been interpreted to include digital services. The Australian Human Rights Commission references WCAG 2.2 Level AA as the practical benchmark - not meeting it makes an unlawful discrimination claim much easier to substantiate.

Has anyone been sued in Australia for an inaccessible website?

Yes. The landmark case is Maguire v SOCOG (2000), in which the Sydney Olympics organising committee was found to have unlawfully discriminated by providing an inaccessible website. The case is regularly cited and informs how the AHRC views digital accessibility complaints. More recent complaints have typically been resolved through conciliation rather than full hearings.

What is the Australian Government accessibility deadline?

Under the Digital Service Standard, new digital services were required to meet WCAG 2.2 Level AA from 1 January 2025, and all existing services from 1 January 2026. Both deadlines have passed - compliance is now required, not upcoming, and is reported through investment oversight processes.

How do I reduce legal risk from an inaccessible site?

Reduce legal exposure by: commissioning an independent WCAG 2.2 AA audit, maintaining a public accessibility statement that documents conformance and known issues, prioritising remediation against findings, providing an alternative way for users to access information (a contact channel, alternative format), and demonstrating a credible plan to address known issues.

ExceedAbility helps organisations across Australia meet WCAG 2.2, EN 301 549, and Section 508 standards.

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