Legally Speaking.

Under Australian Law the Disabilities Discrimination Act (the DDA) 1992, requires all web sites are accessible to all users where it can reasonably be provided. This Act is enforced by the Human Rights and Equal Opportunities Commission (HREOC). In their document - World Wide Web Access: Disability Discrimination Act Advisory Notes. Ver 3.2 August 2002 the legal obligations are explained. It should be noted that this document is NOT law but is used when considering any complaints made under the DAA.

1.1 Purpose and Status of These Notes

These advisory notes are issued by the Australian Human Rights and Equal Opportunity Commission ("HREOC") under section 67(1)(k) of the Disability Discrimination Act 1992 ("the DDA"), which authorises HREOC to issue guidelines for the purpose of avoiding discrimination.

These advisory notes are intended to assist people and organisations involved in developing or modifying Worldwide Web pages, by making clearer what the requirements of the DDA are in this area, and how compliance with them can be achieved. These notes do not have direct legal force, nor do they substitute for the provisions of the DDA itself. However, HREOC and other anti-discrimination agencies can consider these notes in dealing with complaints under the DDA. Following the advice provided here should also make it far less likely that an individual or organisation would be subject to complaints about the accessibility of their web page.

Developments in standards, protocols and technologies used on the Internet take place at a very rapid rate. These notes are therefore not designed to be exhaustive, or to provide technical advice about current practices. In considering any complaints about access, the Commission would take into account the extent to which a service provider has attempted to utilise the best current information and advice wherever it can be found.

2.2 Equal Access is Required by Law

The provision of information and online services through the Worldwide Web is a service covered by the DDA. Equal access for people with a disability in this area is required by the DDA where it can reasonably be provided. This requirement applies to any individual or organisation developing a Worldwide Web page in Australia, or placing or maintaining a Web page on an Australian server. This includes pages developed or maintained for purposes relating to employment; education; provision of services including professional services, banking, insurance or financial services, entertainment or recreation, telecommunications services, public transport services, or government services; sale or rental of real estate; sport; activities of voluntary associations; or administration of Commonwealth laws or programs. All these are areas specifically covered by the DDA.

In addition to these specific areas, provision of any other information or other goods, services or facilities through the Internet is in itself a service, and as such, discrimination in the provision of this service is covered by the DDA. The DDA applies to services whether provided for payment or not.

While the above information deals with Australian requirements, companies and organisations dealing in the international market, lets face it, that is what the internet allows you to do, need to consider international legal requirements. Fortunately most of these requirements are based on the WAI guidelines, although there are some slight differences, e.g., Section 508 for the United States of America.

Other Considerations

• There must be consideration for any industry based requirements that may exist. These may set minimum standards that need to be achieved or suggest required technics.
• With most governments now regulating stock market and business activity, requiring that all shareholders and the public are kept informed of a company/organisation's information, past, present and future, an accessible web site is an excellent medium to further ensure compliance of these requirements. Shareholders and potential shareholders are a diverse group and include all those disabilities groups.
• Future legal requirements. it would be easier and quicker to comply with any future legal requirements if your web site is already compliant.
• Understand that if your web site is not compliant, you leave your company or organisation liable for prosecution. Any adverse publicity could effect your reputation in the market place and give your competitors an edge.
• While SOCOG v Maguire produced a fine of AUD20,000.00 it cost IBM, supplier of the web site, approximately AUD500,000.00 in legal fees. What this case teaches us, that legally need for providing accessibility is so clear-cut, and the means of achieving the basics so straightforward, that even wealthy and powerful international corporations and organizations can lose in a judicial proceeding about providing a compliant web site.