Understanding the Disability Discrimination Act 1992

What is the Disability Discrimination Act 1992?

The Disability Discrimination Act 1992 (DDA) is a key piece of Commonwealth legislation that protects the rights of people with disabilities across Australia. Its purpose is to eliminate discrimination and ensure individuals have equal access to education, employment, services, and public spaces.

Discrimination can be direct or indirect — and both are unlawful under the Act. Employers, service providers, educators, and landlords all have legal responsibilities under the DDA.

Who is protected under the DDA?

The DDA applies to people with a wide range of disabilities, including:

• Physical disabilities (e.g. mobility issues, chronic illness)

• Intellectual or learning disabilities

• Sensory impairments (e.g. vision or hearing loss)

• Mental health conditions

• Neurological or brain injuries

• Diseases or medical conditions (e.g. HIV, cancer)

The Act also protects people who are associated with someone with a disability — such as a carer, partner, or relative.

How does the DDA apply to businesses?

As a business owner or employer, your obligations under the DDA include:

1. Fair recruitment practices

You must not discriminate against applicants based on a disability. Job advertisements, interviews, and selection criteria should be inclusive and accessible.

2. Making reasonable adjustments

If an employee or candidate requires support to do their job — such as modified equipment, flexible hours, or access to a lift — you’re legally required to provide these adjustments, unless it causes unjustifiable hardship to your business.

3. Providing equal opportunities

Promotion, training, and performance processes must be fair and consistent, with no barriers that disadvantage people with disabilities.

4. Ensuring physical and digital accessibility

Offices, worksites, and customer-facing spaces must be reasonably accessible. This also applies to your website or digital platforms — for example, having screen reader–friendly content.

What is considered discrimination under the DDA?

You may be in breach of the Act if you:

• Refuse to hire someone because of their disability

• Fail to make a reasonable adjustment

• Harass or victimise someone due to their condition

• Provide services or facilities that disadvantage people with disabilities

• Dismiss someone because of a work-related injury or long-term illness

What are the consequences of non-compliance?

If a person believes they’ve been discriminated against, they can lodge a complaint with the Australian Human Rights Commission. If the issue can’t be resolved through conciliation, it may proceed to the Federal Court or Federal Circuit Court.

Consequences can include:

• Compensation orders

• Public apologies

• Legal costs

• Reputational damage to your business

How can businesses stay compliant?

• Develop inclusive policies: Ensure your HR policies address discrimination and workplace accessibility.

• Train your team: Educate staff and managers on inclusive practices and unconscious bias. With digital learning management systems such as BrigthLearn, you can provide your staff access to a range of e-learning courses. Covering essential topics, including Equality, diversity & inclusion awareness, ideal for managers.

• Review recruitment and onboarding: Make sure your hiring processes are accessible and free from bias.

• Stay proactive: Don’t wait for a complaint to take action — build a culture of inclusion and support.

Need help ensuring your workplace is inclusive and compliant?

BrightHR helps thousands of Australian businesses stay on top of workplace legislation — from HR policies to employee training and onboarding.

Get in touch today to find out how we can help you meet your obligations under the DDA, stay compliant, and build a more inclusive business.