To be in compliance with the Disability Discrimination Act for your digital services is to ensure that a person with disability can make use of your websites, apps, online forms and documents. Under the 1992 Act in Australia, a digital service that stands in the way of equal access is subject to the law, even if one does not find a technical rule for it spelled out in the Act.
I am Evander Anderson and I have no time for a digital dunny with a fancy sign on the door; my objective is compliance that works. In much the same way I would put in for a long regional drive, I check the route and put an end to any obstacles that can be avoided, and do not take the existence of a sign as proof of its utility. This guide will set out what DDA website compliance means in Australia without the jargon.
The DDA and What it Protects
As federal legislation, the Disability Discrimination Act 1992 puts an end to unlawful discrimination in the public sphere. It is there to see that goods, services, facilities, employment, education and the like are equally available. An organisation should ask itself not whether it has a shopfront but if its services are on comparable terms for those with disability. It involves meeting DDA obligations for websites, which could mean anything from a payment page or booking system to a customer portal, mobile app or downloadable file.
The Australian Human Rights Commission has the official information on the Act and disability rights. One’s legal obligations are a matter of fact and of the service at hand, and of course whether an adjustment would be an unjustifiable hardship.
Equal Access is Key
There is room for disability discrimination when someone is put at a disadvantage or excluded by reason of disability. The impediment can be plain to see, like a form you cannot put in with a keyboard, or more subtle, a video with no captions or a support process limited to the telephone.
Then there is the matter of the user. A person may have a cognitive, neurological, psychosocial, mobility, hearing or vision disability. Some will need screen readers, switch devices, speech input, magnification or a pared down interface. Others want clear content and a little more time, nothing so specialised.
Where Digital Services Come in
It is not just the homepage that is in scope for DDA digital accessibility. Any part of the customer journey, down to an accessible receipt, can present a barrier. The DDA is not a technical checklist dictating a code attribute for every site; it is a question of context. What passes for an acceptable visual browser may yet keep a person from buying a ticket or getting in touch with support.
Services Beyond Websites
And it is not only websites. There are online shops, social media, kiosks, training, e-statements, third party tools (which can be a risk if embedded) and digital documents. If a customer can read what is on offer but the form will not submit, the service is not accessible in practice. Nor is it if the confirmation email is beyond the reach of assistive technology.
Government teams in Australia will have their own procurement standards and will look to the Digital Inclusion Standard and the guidance from Digital.gov.au and the states such as Digital NSW. For private organisations, these make good references for implementation, though a proper risk assessment calls for legal counsel.
What is Expected of a Website
In Australia an accessible website must be robust, operable, understandable and perceivable in its core functions. These are the principles that translate legal duties into decisions on the ground.
For WCAG compliance in Australia one will typically start with WCAG 2.1 AA as it is the recognised standard in the industry. There is the newer 2.2 AA with success criteria for things like focus visibility and authentication, but the target should be put on paper, not left to conjecture.
Controls for a Compliant Site
You will want to see logical reading order, meaningful headings, colour contrast that is adequate, alternative text of some use, labelled fields, error messages that are unambiguous, transcripts and captions, responsive design for mobile and visible focus indicators. And for digital documents a tagged PDF with a sensible order is worlds apart from a scan of some text. A website of good repute can be let down by an attachment that is not accessible; the same applies to word files, slide decks or spreadsheets which require proper labelling and structure.
One should not consider accessibility a done deal once an automated scanner has put in its report of no errors. While such tools will pick up code problems, they are no sure guide as to whether instructions are unambiguous, focus is logical or if a user can see a task through to completion.
The Role of WCAG in Compliance
WCAG provides a common framework for content and technology. It is not a stand in for the 1992 Disability Discrimination Act but it puts some practical definition on what reasonable web accessibility is.
It also serves to improve the dialogue between auditors, developers, designers, procurement and those writing content. With a vocabulary in common one can have a sensible discussion over form labels or keyboard focus without having to make vague gestures at the screen in the hope of compliance.
Setting a Defensible Target
For an established project many will opt for WCAG 2.1 AA, with newer ones perhaps going as far as 2.2 AA. The decision must be in keeping with the delivery date, the users and service, the technology and any procurement stipulations. It is also wise to put on record any gaps and how they will be closed.
Neither version of WCAG is a legal equivalent to the DDA. A site can tick all the boxes for a given level and yet present a formidable barrier in some service, just as a small technical departure does not of itself amount to unlawful discrimination. One has to look at the context.
Where Barriers are Found
In most cases an accessibility failure is nothing more than a design or content oversight made time and again over the course of a journey. There is seldom any malice in it and so these things can go on for years: everyone clicks the button and sees the page and thinks the matter is concluded.
The mistake is to test the homepage and call it a day. The user is more likely to come up against difficulty when creating an account, booking an appointment, recovering a password or at checkout.
Failure Patterns
There are the usual culprits: images devoid of alternative text, poor contrast, “read more” links, pop-ups that hold focus, unannounced form errors, menus not amenable to the keyboard, tables a screen reader cannot make head nor tail of and videos with no captions. Then there are PDFs and the like. A scanned document might appear in order on a desktop but have no text layer or the wrong reading order for assistive tech. An applicant ought not to have to print off a digital form and get out a magnifying glass to put in an application.
| Service Area | Common Barrier | Practical Check |
|---|---|---|
| Navigation | Menus are out of reach for the keyboard user. | Make the whole journey with a keyboard. |
| Forms | Unclear errors or fields with no label. | Put in an incomplete form and see what happens. |
| Video | Lacking in captions or transcript. | Turn the sound off and put on the captions. |
| Documents | A scanned PDF with no text to speak of. | See if the headings and controls hold up. |
| Authentication | Sign-in requires a feat of memory or movement. | Look at what is available for codes and passwords. |
| Third-Party Tools | Inaccessible payment or booking software. | Do not limit testing to your own pages. |
Testing for Accessibility
Do not rely on a single scan as your answer; that would be akin to inspecting the tyres and pronouncing the Stuart Highway safe for traffic. A proper audit will employ manual review, automated means and those who make use of assistive technology to uncover the various issues.
Make note of the severity, where the issue lies, who is to fix it and the users affected. In that way a report becomes something of a programme and not another PDF to be left to collect dust with the visitor centre handouts.
Put Real Journeys to the Test
Concentrate on what is important, be it to contact support, download a receipt, apply or buy something. Test returning as well as new users since public pages do not tell the whole story and account areas can be riddled with obstacles.
In a manual review check the colour and contrast, reflow, zoom, error recovery and touch. Have someone with a disability put the accessibility to the test; they will spot barriers in the wording or focus that a code inspection would overlook.
Keep a trail of the work. Note the date, the WCAG target, the tools and scenarios, any exceptions and the outcome of a retest. Vendors and software and templates are apt to change so accessibility is something that has to be maintained.
How Organisations Can Act
To be in good standing with DDA website obligations is a matter of planning, ownership and regular review. The best programmes have accessibility woven into the fabric of their delivery; they do not put a developer to rights on a repair job once a complaint is in hand.
Make of it a working checklist:
- Appoint an accessibility owner who has the authority to see improvements through.
- Chart out the key digital services, user journeys, vendors and documents.
- Where it is called for, put a WCAG 2.1 or 2.2 AA target on paper.
- Put your content, design and development staff through training in inclusive design.
- Test after any major change and prior to launch.
- Have a support channel and reasonable adjustment process that is accessible.
- Make sure contracts and procurement reviews carry accessibility requirements.
- Give users a straightforward means to put in a report on a barrier.
And if there are known shortfalls, do not put forward a claim of perfection. A statement of fact as to where you stand, what assistance can be had and the timetable for betterment will be more credible. Most would take an honest detour over a signpost to a swamp.
What Inaccessible Services Can Bring About
There is legal risk, the prospect of lost customers and reputational harm from a service that is not accessible. How serious it gets is a function of the barrier, the service, the organisation’s response and what alternatives exist.
A person might make a request for a reasonable adjustment direct with the organisation. Should that fail to resolve the matter, the DDA complaints process is open to them, up to and including the Australian Human Rights Commission. Organisations are well advised to get a lawyer’s input on a formal complaint or when weighing up possible unjustifiable hardship.
A Quick and Respectful Response
It is not for the user to demonstrate a problem the organisation has not seen fit to look into. Put down the issue, offer an alternative and set a time for its correction. Customer service should be able to escalate an accessibility matter without the user having to navigate between departments.
Bear in mind an alternative does not equate to equal access. Forcing someone to call in during business hours because the online form will not work can mean extra cost or a loss of privacy. The alternative needs to be as usable and comparable as one can make it.
Making It Part of the Routine
For older users, those on a mobile connection or in poor reception, or anyone with a disability, an accessible service is simply easier to use. There is a practical upside in terms of communication and fewer tasks left unfinished.
One day to put a website in order? Concentrate on the customer journey: the forms, the search, navigation, booking and so on. Have a keyboard and screen reader and a user of assistive technology run that path. Attend to any barrier to completion before you fuss over the finer visual points.
Compliance is no sort of certification you do once and forget. It is how you go about designing and maintaining your services so people can participate without impediment.
Frequently Asked Questions
The following are to clear up the kind of practical misunderstanding that hinders accessibility work. In brief, the DDA imposes legal duties, WCAG is technical guidance and the users will tell you if the service is any good.
Does the DDA refer to WCAG?
Not in so many words. The Disability Discrimination Act 1992 will not tell you a site must conform to a given level of WCAG. But frameworks like 2.1 or 2.2 AA are useful in assessing and raising the bar, even if compliance is circumstantial.
Is a small business exempt?
Do not think size is an answer. The DDA may apply according to the conduct and service at hand. It is prudent for a small organisation to provide the necessary support and take legal counsel on the specifics.
Will an accessibility widget suffice?
No. An overlay is no substitute for proper coding and testing; it will not put right an inaccessible structure or a third-party form that does not work.
Can an audit guarantee anything?
Only as to the pages and date tested. A sound programme will have manual and user testing to back up the audit.
If the cost is prohibitive?
That is a factor in the planning but does not let an inaccessible service off the hook. Document your decisions and prioritise the barriers. If you are contemplating unjustifiable hardship, do not make assumptions but get specific legal advice.
A Clearer Digital Route
In Australia DDA compliance is about equal access in the real world. Map the service, find the obstacles and remove them, use WCAG for direction and keep your records. It is a way of being compliant and of good service to your customers, patients and colleagues. And it is less rough going all round.
