Accessibility Laws in Australia

Published December 7, 2022

Today, Australia has sweeping legislation to empower people with disabilities in all aspects of life. There are detailed provisions on providing accessible transit, increasing employment numbers, and developing web content. However, people with disabilities weren’t always protected as effectively as they are right now.

For centuries, Australians with disabilities were viewed as burdens to family members or the state. They were pushed out of society and hidden away. It wasn’t until recently – within the last 50 years – that people with disabilities were viewed as deserving of respect and were legally supported by the government.

Get to know Australia’s journey to accessibility and the factors that contributed to the legislation that is used today.

1908 Invalid Pension

One of the first acts of the Australian government to empower people with disabilities was the Invalid and Old-Age Pensions Act. This provided people with disabilities and the elderly with a stipend to live off of.

At the time, this legislation was groundbreaking. If you were unable to work because of a disability or old age, you had to rely on the kindness of relatives to take you in. People without relatives might have lived in religious or charitable institutions or government asylums. While some families wanted to care for their loved ones, a severe depression at the turn of the 20th century meant they couldn’t afford to feed another mouth.

Through this program, individuals with assets worth no more than  £310 could receive a pension of up to £26 per year from the government. This empowered the elderly and people with disabilities to contribute to their families or to support themselves. It created an opportunity for independence and validated that people with disabilities should be cared for.

The pension also required that recipients be of good character to receive the stipend, but it was never clearly specified what that meant. People who abandoned their spouses and children were often deemed ineligible.

The 20th Century shaped perspectives on disability

The next major legislation to protect people with disabilities in Australia wouldn’t come for 75 years, but that doesn’t mean that the treatment and societal views of people with disabilities remained the same during this time.

The first and second world wars resulted in thousands of men going off to fight and returning with physical, mental, and emotional disabilities. There was an entire generation of young men – many of whom were just entering school, the workforce, and marriage – that was facing an inaccessible country. While they considered themselves to be capable, they were often treated as less than because of their disabilities. Little was known about Post-Traumatic Stress Disorder (PTSD) and many veterans who experienced shell shock – as it was then known – didn’t have resources to help with it.

These veterans and their families highlighted how Australia welcomed their service during wartime but failed to support them after their return. If this is how highly visible and vocal veterans with disabilities were treated, how much worse were the experiences of those who couldn’t advocate for themselves?

During the decades following these major wars, Australian society started to switch from treating people with disabilities as invalids who need welfare to citizens who deserve rights and opportunities.

Disability Services Act 1986

The Disability Services Act is notable because it highlights some of the laws that were passed in the 20th century to protect people with disabilities. This act expands upon the Handicapped Persons Assistance Act 1974 and the Social Security Act 1947. The goal of this act is to, “ensure that persons with disabilities receive the services necessary to enable them to achieve their maximum potential as members of the community.”

Through this law, you can see how views of people with disabilities have changed over the years. The wording used in the objectives section talks about integrating people with disabilities into society and helping them achieve increased independence and better employment.

People with disabilities were no longer willing to be left out or viewed as incapable of having full lives. These Australians with disabilities and their allies felt able to engage in society – they just needed legal protections to ensure they would be supported.

Disability Discrimination Act 1992

Eventually, Australia would pass a sweeping law that protected people with disabilities. This would become the go-to legislation for the next 30 years regarding everything from employment to web accessibility.

On the heels of the Americans with Disabilities Act (ADA) in the United States came the Disability Discrimination Act of 1992 (DDA). This is a comprehensive act that bans discrimination against people with disabilities in work, education, access to premises, clubs, and sports. The law also bans discrimination in commerce and applies to other existing laws.

The Act strives to promote recognition and acceptance on the principle that, “persons with disabilities have the same fundamental rights as the rest of the community.”

The DDA protects people who have both temporary and permanent disabilities. It applies to anyone with “physical, intellectual, sensory, neurological, learning and psychosocial disabilities,” along with people who have diseases, illness, disfigurement, and medical conditions.

The DDA includes web accessibility

The DDA continues to be expanded upon to ensure people with disabilities can access society equally to their peers. As the virtual environment grows and society moves online, digital accessibility becomes a bigger priority. People who have websites are expected to make reasonable adjustments so their pages are more accessible. Those who do not make these adjustments are discriminating.

Digital accessibility comes in a variety of forms. Developers who are working to make their websites accessible should consider the experiences of people with:

  • Visual impairments or blindness
  • Deafness or difficulty hearing
  • Color blindness
  • Dyslexia, hyperlexia, and dyspraxia
  • ADHD
  • Epilepsy
  • Mobility or physical limitations

Additionally, web developers should consider users who have minimal knowledge of the English language and those who have minimal literacy.

Fortunately, there are tools and resources for people who want to make their websites more accessible but aren’t sure how. The Web Content Accessibility Guidelines are a reliable resource that you can turn to for understanding and implementing web accessibility. By following these guidelines, you can keep your website on the cutting-edge for digital accessibility.

Accessibility evolves with knowledge

Australia has come a long way in providing access for people with disabilities. However, there are still areas where people lack access or community support. As society becomes more aware of the needs of people with disabilities, allies can advocate for access while legislators can take steps to open doors and offer protections.

 

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