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The Disability Discrimination Act 1992: Australia’s disability law, buildings and complaints

The Disability Discrimination Act 1992 is Australia’s federal law against disability discrimination. Its objects are to eliminate, as far as possible, discrimination on the ground of disability in work, accommodation, education, access to premises, clubs and sport, and in the provision of goods, facilities, services and land (Disability Discrimination Act 1992, section 3), and it applies throughout Australia (Disability Discrimination Act 1992, section 12(2)). For buildings, the Disability (Access to Premises — Buildings) Standards 2010 set what new buildings, and new parts of existing ones, have to provide, through an Access Code (Premises Standards 2010, sections 2.1 and 3.1). A person who believes they have been discriminated against can lodge a written complaint with the Australian Human Rights Commission (Australian Human Rights Commission Act 1986, section 46P). This guide explains what the Act covers and who it binds, what the Premises Standards add, how a complaint works, and where to read the official texts.

This guide summarises the sources it cites; it is not legal advice. The official texts are the reference.

What the Act covers

The Act has three objects: to eliminate, as far as possible, discrimination against persons on the ground of disability; to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and to promote recognition of the principle that they have the same fundamental rights as the rest of the community (Disability Discrimination Act 1992, section 3).

Its definition of disability is broad. It includes the total or partial loss of a person’s bodily or mental functions or of a part of the body, the malfunction, malformation or disfigurement of a part of the body, and a disorder or malfunction that results in the person learning differently, among others; and it covers a disability that presently exists, existed in the past, may exist in the future or is imputed to a person (Disability Discrimination Act 1992, section 4(1)).

Direct discrimination is treating a person less favourably, because of the disability, than a person without the disability would be treated in circumstances that are not materially different. It also includes not making reasonable adjustments for the person when that failure has the same effect, and needing adjustments does not make the circumstances materially different (Disability Discrimination Act 1992, section 5). Indirect discrimination is requiring a person to comply with a requirement or condition that, because of the disability, they cannot comply with, or could only with reasonable adjustments that are not made, when it disadvantages persons with the disability. It is not discrimination if the requirement is reasonable, and the burden of proving that lies on the person who imposes it (Disability Discrimination Act 1992, section 6).

An adjustment is a reasonable adjustment unless making it would impose an unjustifiable hardship (Disability Discrimination Act 1992, section 4(1)). To decide whether a hardship is unjustifiable, all relevant circumstances are taken into account, including the benefit or detriment to any person concerned, the effect of the disability, the financial circumstances and the estimated expenditure of the person who would make the adjustment, the financial and other assistance available, and any action plan given to the Commission; the burden of proving unjustifiable hardship lies on the person claiming it (Disability Discrimination Act 1992, section 11).

Who the Act applies to

Part 2 of the Act sets the areas where discrimination on the ground of disability is unlawful, and each area names who it binds (Disability Discrimination Act 1992, Part 2).

Where the Disability Discrimination Act 1992 makes disability discrimination unlawful.
Area Who it binds Source
Work employers, principals of commission agents and contract workers, partnerships, qualifying bodies, registered organisations and employment agencies, with exceptions for the inherent requirements of a job and for unjustifiable hardship Disability Discrimination Act 1992, sections 15 to 21B
Education educational authorities Disability Discrimination Act 1992, section 22
Access to premises any person, for premises that the public or a section of the public is entitled or allowed to enter or use, whether for payment or not Disability Discrimination Act 1992, section 23
Goods, services and facilities anyone who provides goods or services, or makes facilities available, whether for payment or not Disability Discrimination Act 1992, section 24
Accommodation and land anyone offering accommodation or dealing in land, as principal or agent Disability Discrimination Act 1992, sections 25 and 26
Clubs, incorporated associations and sport clubs, incorporated associations and their committees of management, and anyone who excludes a person from a sporting activity Disability Discrimination Act 1992, sections 27 and 28
Commonwealth laws and programs anyone who exercises a power under a Commonwealth law or for a Commonwealth program, or is responsible for administering one Disability Discrimination Act 1992, section 29

The Act protects more than the person with the disability. It applies to a person who has an associate with a disability, such as a spouse, a relative, a carer or someone in a business, sporting or recreational relationship with them, in the same way as to the person with the disability (Disability Discrimination Act 1992, sections 4(1) and 7). It also applies to having a carer, an assistant, an interpreter or a reader, an assistance animal or a disability aid in the same way as to having the disability itself (Disability Discrimination Act 1992, sections 8 and 9).

Premises, in the Act, include a structure, building, aircraft, vehicle or vessel, a place whether enclosed or built on or not, and any part of premises (Disability Discrimination Act 1992, section 4(1)).

Access to premises, goods and services

For premises that the public or a section of the public is entitled or allowed to enter or use, whether for payment or not, it is unlawful to discriminate against a person on the ground of disability (Disability Discrimination Act 1992, section 23):

  • by refusing them access to, or the use of, the premises;
  • in the terms or conditions on which they are allowed access or use;
  • in relation to the provision of means of access to the premises;
  • by refusing them the use of facilities in the premises that the public may use, or in the terms or conditions for using them;
  • by requiring them to leave the premises or stop using the facilities.

A provider of goods, services or facilities, whether paid or not, must not discriminate by refusing to provide them, in the terms or conditions on which it provides them, or in the manner in which it provides them (Disability Discrimination Act 1992, section 24). Refusing or failing to do something counts as doing an act (Disability Discrimination Act 1992, section 4(2)), and harassing a person with a disability in relation to the provision of goods and services is unlawful too (Disability Discrimination Act 1992, section 39).

Guide dogs and other assistance animals

An assistance animal is a dog or other animal accredited under a State or Territory law for animals trained to help a person with a disability, accredited by an animal training organisation prescribed by the regulations, or trained both to help a person with a disability to alleviate the effect of the disability and to meet standards of hygiene and behaviour appropriate for an animal in a public place (Disability Discrimination Act 1992, section 9(2)). Having an assistance animal is treated in the same way as having the disability (Disability Discrimination Act 1992, section 8), so refusing a guide dog at the door is treated like refusing its owner because of the disability.

The Act lists what is not unlawful in relation to assistance animals (Disability Discrimination Act 1992, section 54A):

These rules do not affect anyone’s liability for damage to property caused by an assistance animal (Disability Discrimination Act 1992, section 54A(7)). The rules for guide dogs in the United States are in the guide dog guide.

Disability standards

The Minister may make disability standards, by legislative instrument, in any area in which disability discrimination is unlawful under Part 2, and they may deal with reasonable adjustments, unjustifiable hardship and exemptions (Disability Discrimination Act 1992, section 31). It is unlawful to contravene a disability standard (Disability Discrimination Act 1992, section 32), and a person who acts in accordance with one is not caught by the rest of Part 2 for that act (Disability Discrimination Act 1992, section 34).

The Disability (Access to Premises — Buildings) Standards 2010, known as the Premises Standards, are made under subsection 31(1) of the Act (Premises Standards 2010). They are the disability standard for buildings.

What the Premises Standards add for buildings

The Premises Standards aim to ensure dignified, equitable, cost-effective and reasonably achievable access to buildings, and to the facilities and services in them, for people with a disability, and to give building certifiers, developers and managers certainty that access provided in accordance with the Standards is not unlawful under the Act (Premises Standards 2010, section 1.3).

They apply to new buildings and upgrades, not to every existing building (Premises Standards 2010, section 2.1):

The building has to be one of the classes they name, which include Class 3, 5, 6, 7, 8, 9 and 10 buildings and some Class 1b and short-term rental Class 2 buildings (Premises Standards 2010, section 2.1(1)). The Access Code defines the classes (Premises Standards 2010, Access Code, clause A4.1):

Building classes in the Access Code of the Premises Standards, with its examples.
Class What it is Source
3 a residential building for unrelated people, such as a boarding house, hostel or backpackers, or the residential part of a hotel or motel Premises Standards 2010, clause A4.1
5 an office building used for professional or commercial purposes Premises Standards 2010, clause A4.1
6 a shop or other building that sells goods by retail or supplies services direct to the public, such as a cafe, restaurant, hairdresser, showroom or service station Premises Standards 2010, clause A4.1
7a a carpark Premises Standards 2010, clause A4.1
9 a building of a public nature: a health-care building (9a), an assembly building (9b) or an aged care building (9c) Premises Standards 2010, clause A4.1

An existing building that is not being upgraded is outside the Standards, but the Act still applies to it (Premises Standards 2010, section 2.1, Note 2): the duty not to discriminate in access to premises remains.

The Standards bind building certifiers, building developers and building managers, to the extent that they are responsible for, or have control over, matters in the Access Code. Their examples of certifiers are private certifiers, building surveyors and local councils; of developers, property developers, owners, building designers, builders, project managers and lessees; and of managers, owners, lessees, property managers and operational staff (Premises Standards 2010, section 2.2). Each of them must ensure that the building complies with the Access Code (Premises Standards 2010, section 3.1(1)), and a building that meets the deemed-to-satisfy clauses D3.1 to D3.12, E3.6, F2.2 and F2.4, and Part H2 for public transport buildings, is taken to comply; another solution is allowed if it gives a level of access that is not less (Premises Standards 2010, section 3.2).

The Access Code: what a building has to provide

The Access Code for Buildings is Schedule 1 of the Premises Standards. These are some of its deemed-to-satisfy requirements for a building required to be accessible:

Selected requirements of the Access Code for Buildings, Schedule 1 of the Premises Standards 2010.
Topic What the Access Code requires Source
Offices, shops, cafes and restaurants access to and within all areas normally used by the occupants of Class 5 and Class 6 buildings Premises Standards 2010, clause D3.1, Table D3.1
Entrances an accessway from the main points of pedestrian entry at the allotment boundary and from accessible carparking; through the principal pedestrian entrance and at least 50% of all pedestrian entrances; in a building of more than 500 m², no inaccessible entrance more than 50 m from an accessible one Premises Standards 2010, clause D3.2(1) and (2)
Doors with more than one leaf one leaf with a clear opening width of at least 850 mm, except automatic doors Premises Standards 2010, clause D3.2(5)
Small buildings no ramp or passenger lift is needed for storeys other than the entrance storey in a Class 5, 6, 7b or 8 building with no more than 3 storeys and no more than 200 m² on each storey other than the entrance storey Premises Standards 2010, clause D3.3(f)
Accessible carparking for a Class 6 building, 1 space for every 50 carparking spaces up to 1,000, then 1 more for every additional 100 Premises Standards 2010, clause D3.5, Table D3.5
Braille and tactile signs identify each sanitary facility and each space with hearing augmentation, with the international symbol of access or of deafness; each door that needs an exit sign states “Exit” and “Level” Premises Standards 2010, clause D3.6
Hearing augmentation where an inbuilt amplification system is installed in an auditorium, meeting room or a reception where the public is screened from staff; an induction loop covers at least 80% of the floor area served Premises Standards 2010, clause D3.7
Tactile ground surface indicators to warn people who are blind or have a vision impairment of a stairway, escalator, ramp, an overhead obstruction less than 2 m above the floor, or an accessway meeting a vehicular way where there is no kerb or kerb ramp Premises Standards 2010, clause D3.8
Accessible toilets in Class 5 to 9 buildings where the Building Code of Australia requires toilets, an accessible unisex sanitary compartment on every storey that has sanitary compartments, and a compartment for people with an ambulant disability at each bank with other toilets Premises Standards 2010, clause F2.4 and Table F2.4(a)

Braille and tactile signs have their own rules: the braille and tactile parts sit between 1,200 mm and 1,600 mm above the floor, and a sign that identifies a room goes on the wall on the latch side of the door, with its leading edge between 50 mm and 300 mm from the architrave (Premises Standards 2010, clause D4.2). The braille is grade 1 (uncontracted) braille under the criteria of the Australian Braille Authority, raised and domed, 8 mm below the bottom line of text and left justified (Premises Standards 2010, clause D4.6). The same kind of rules in the United States are in the braille signage guide.

Many clauses refer to the Australian Standard AS 1428.1, Design for access and mobility, which the Access Code adopts in its 2021 edition for new building work; the tactile indicators refer to AS/NZS 1428.4.1 (2009) and accessible parking to AS/NZS 2890.6 (2009) (Premises Standards 2010, Access Code, clause A3.1, Table 1). Which edition applies and what the standard covers are in the guide to AS 1428.1.

Unjustifiable hardship and concessions

It is not unlawful to fail to comply with a requirement of the Premises Standards to the extent that compliance would impose unjustifiable hardship, but compliance is required to the maximum extent that does not. The Standards give an example: enlarging a lift may impose unjustifiable hardship, while upgrading the lift control panel with braille and tactile buttons may not (Premises Standards 2010, section 4.1(1) and (2)). The circumstances taken into account include costs and revenue, government funding, the financial position of the person, technical and geographic factors, heritage significance, good faith efforts to comply and any action plan given to the Commission (Premises Standards 2010, section 4.1(3)).

The Standards also set three concessions for upgrades:

  • Lessees. When the lessee of a new part applies for approval of the building work, the certifier, developer and manager do not have to make the affected part comply, unless the whole building is leased to only one person (Premises Standards 2010, section 4.3).
  • Lifts. An existing passenger lift in a new or affected part that travels more than 12 m does not need the 1,400 mm x 1,600 mm floor if its floor is at least 1,100 mm x 1,400 mm (Premises Standards 2010, section 4.4).
  • Toilets. Existing accessible sanitary compartments in a new part of a building that comply with the 2001 edition of AS 1428.1 do not have to meet the 2021 edition that the Access Code now calls up (Premises Standards 2010, section 4.5).

The Standards are reviewed every 5 years (Premises Standards 2010, section 6.1).

Exemptions and action plans

The Australian Human Rights Commission may, on application, grant a temporary exemption from provisions of the Act on work and the other areas, with terms and conditions, for a specified period of no more than 5 years (Disability Discrimination Act 1992, section 55).

Any person or organisation bound by the Act may prepare and implement an action plan, with policies and programs to achieve the objects of the Act, a review of its practices to find discriminatory ones, goals and targets, a way to evaluate them, and people appointed to carry it out (Disability Discrimination Act 1992, sections 59 to 61). If the plan is given to the Commission, the Commission must make it available to the public (Disability Discrimination Act 1992, section 64), and it is one of the circumstances weighed in deciding unjustifiable hardship (Disability Discrimination Act 1992, section 11(1)(e)).

Complaints to the Australian Human Rights Commission

Under the Australian Human Rights Commission Act 1986, unlawful discrimination includes the acts that are unlawful under the parts of the Disability Discrimination Act on work, the other areas, disability standards, harassment and victimisation (Australian Human Rights Commission Act 1986, section 3(1)). The complaint process has these steps:

  1. A written complaint. It is lodged with the Commission, alleges that acts, omissions or practices are unlawful discrimination, and sets out the details as fully as practicable (Australian Human Rights Commission Act 1986, section 46P(1) and (1B)). The person aggrieved can lodge it for themselves and others, and a person or trade union can lodge it on behalf of people who are aggrieved (Australian Human Rights Commission Act 1986, section 46P(2)). If someone needs help to formulate the complaint or put it in writing, the Commission must take reasonable steps to help (Australian Human Rights Commission Act 1986, section 46P(4)).
  2. Inquiry and conciliation. The President of the Commission inquires into the complaint and attempts to conciliate it, unless it is terminated, and must use best endeavours to finish dealing with it within 12 months after it was referred (Australian Human Rights Commission Act 1986, section 46PF(1) and (10)).
  3. Termination. The President may terminate a complaint on grounds that include that the acts are not unlawful discrimination or that the complaint was lodged more than 24 months after they took place, and gives written notice with the reasons (Australian Human Rights Commission Act 1986, section 46PH(1) and (2)).
  4. Court. After a termination notice, an application alleging unlawful discrimination may be made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) within 60 days after the notice was issued, or within any further time the court allows (Australian Human Rights Commission Act 1986, section 46PO(1) and (2)).

Victimisation is an offence: subjecting or threatening a person with any detriment because they made or proposed to make a complaint, brought proceedings, gave information or asserted rights under the Act carries a penalty of imprisonment for 6 months (Disability Discrimination Act 1992, section 42).

The UK’s Disability Discrimination Act 1995

The UK had a law with a similar name, the Disability Discrimination Act 1995; in England, Wales and Scotland the Equality Act 2010 repealed it (Equality Act 2010, Schedule 27), and the duty that replaced it is explained in the guide to the Equality Act’s reasonable adjustments.

Where to read the official texts

The Disability Discrimination Act on Braillito Maps

An accessible entrance helps only the people who know about it before they set off. Braillito Maps is a community map that answers ten questions about each place: step-free entrance or ramp, wide doorway, accessible toilet, accessible parking, tactile paving, braille signage, braille menu, audible signals, guide dogs welcome and a quiet environment.

Several of them match this guide. Guide dogs welcome is the assistance animal rule of the Act; the step-free entrance, the accessible toilet, the accessible parking, the braille signage and the tactile paving are what the Access Code asks of new buildings and upgrades. Each question is answered yes or no, or stays without data until someone knows, and the score of a place is the number of yes answers out of ten, always shown with its number, never by colour alone.

If you run a shop, a cafe or an office in Australia, add your place with its answers, so that customers with disabilities find it before they leave home. If what a place says is wrong, it can be reported. Meet Braillito Maps.

Frequently asked questions

What is the Disability Discrimination Act 1992?

Australia’s federal law against disability discrimination. Its objects are to eliminate, as far as possible, discrimination on the ground of disability in work, accommodation, education, access to premises, clubs and sport, and goods, facilities, services and land, and it applies throughout Australia (Disability Discrimination Act 1992, sections 3 and 12(2)).

Who does the Disability Discrimination Act apply to?

Employers, educational authorities, anyone in relation to premises the public may enter, providers of goods, services and facilities, and those who offer accommodation, deal in land, run clubs or sport, or administer Commonwealth laws and programs (Disability Discrimination Act 1992, sections 15 to 29).

What are the Premises Standards?

The Disability (Access to Premises — Buildings) Standards 2010, a disability standard made under the Act. They require building certifiers, developers and managers to ensure that new buildings, new parts and affected parts comply with the Access Code for Buildings (Premises Standards 2010, sections 2.1 and 3.1).

Do the Premises Standards apply to existing buildings?

Only when they are upgraded: to a new part with an application for approval submitted on or after 1 May 2011, and to the principal pedestrian entrance and the accessible path of travel from it to the new part. The Act still applies to buildings outside the Standards (Premises Standards 2010, section 2.1).

Can a business refuse a guide dog in Australia?

Having an assistance animal is treated like having the disability. A business may ask that the animal stay under control and ask for evidence that it is an assistance animal or trained for a public place; if no evidence is produced, refusing is not unlawful (Disability Discrimination Act 1992, sections 8 and 54A).

How do I make a disability discrimination complaint?

By lodging a written complaint with the Australian Human Rights Commission, which must help if you need assistance to put it in writing. The President inquires into it and attempts to conciliate it (Australian Human Rights Commission Act 1986, sections 46P and 46PF).

Is there a time limit for a complaint?

The President may terminate a complaint lodged more than 24 months after the acts took place. After a termination, an application to court must be made within 60 days of the notice, unless the court allows more time (Australian Human Rights Commission Act 1986, sections 46PH and 46PO).

More accessibility guides

  • Accessibility laws by country: the ADA, the UK Equality Act, the Accessible Canada Act, Australia’s DDA and the EU rules, and what each covers.
  • Equality Act reasonable adjustments: the three requirements of section 20, why the duty is anticipatory, who pays, and what a shop, restaurant or service can change in its building.
  • AS 1428.1 (Australia): AS 1428.1, Design for access and mobility: the edition the NCC and the Access Code call up, the parts of a building it covers and the rest of the AS 1428 family.
  • AODA: Ontario’s accessibility law: who must comply, the five standards, the training it requires, websites and the compliance report due December 31, 2026.
  • Guide dogs: how they work, where they can go under the ADA, and how to act around one.
  • Braille signage: which signs need braille under the ADA, how high they go, on which side of the door, and the size of the dots.
  • Accessibility symbols: what the wheelchair symbol means, where it is required and the other access symbols.
  • Universal design: the seven principles, with an example from a building for each.
  • All accessibility guides

Sources

Every figure in this guide comes from one of these official texts, which we read in October 2026.

  1. Disability Discrimination Act 1992. Parliament of Australia, on the Federal Register of Legislation, compilation of October 8, 2026 (C2026C00456).
  2. Disability (Access to Premises — Buildings) Standards 2010, with the Access Code for Buildings (Schedule 1). made under subsection 31(1) of the Disability Discrimination Act 1992, on the Federal Register of Legislation, compilation No. 3 of 23 November 2024; in force since 1 May 2011; read October 2026.
  3. Australian Human Rights Commission Act 1986. Parliament of Australia, on the Federal Register of Legislation, compilation No. 58 of 18 September 2026; read October 2026.
  4. Equality Act 2010, Schedule 27, Part 1: repeals. UK Parliament, on legislation.gov.uk, text in force, read October 2026.

Braillito Maps

Find places with ramps, accessible toilets or tactile paving near you in Braillito Maps

In Braillito Maps, every place answers ten questions: step-free entrance or ramp, wide doorway, accessible restroom, accessible parking, tactile paving, braille signage, braille menu, audible signals, guide dogs welcome and a quiet environment. It is built by the people who need it, and every place gets a score out of ten.

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