Is it DDA compliant?
Bronze-clad accessway by JPW to the forecourt of the Art Gallery of NSW, Sydney.
Image copyright © Sophia Kitson 2025
24 March 2025
What is DDA compliance?
“Is it DDA compliant?” is one of the most common questions you hear as an access consultant.
The answer is not always straightforward.
The DDA – the Disability Discrimination Act 1992 – is Commonwealth legislation that makes it unlawful to discriminate against people and their associates on the basis of disability.
One of the objects of the Act is to eliminate, as far as possible, discrimination against people with disabilities in relation to access to premises. The DDA’s definition of a premise is broad and includes structures, buildings, aircrafts, vehicles, and vessels, as well as ‘places,’ whether they are enclosed or built on or not. Hence the DDA is applicable not just to public buildings but to the public realm such as streetscapes, plazas, parks and playgrounds.
It's important to note the DDA itself does not outline any prescriptive, descriptive design parameters that must be met for compliance. It does not stipulate how wide a pedestrian path on a road verge must be, what sort of accessible play equipment must be provided in a playground, or whether an accessible counter must be provided in a reception area. The DDA is an overarching statement of intent rather than a detailed guide to how compliance must be achieved.
Two of the Disability Standards made under subsection 31(1) of the Act address specific design requirements that must be met for DDA compliance: The Disability (Access to Premises – Buildings) Standards 2010 (often referred to as the Premises Standards), and the Disability Standards for Accessible Public Transport 2002 (often referred to by the acronym DSAPT).
The Premises Standards contains the ‘Access Code’ which outlines accessibility requirements for certain classes of new buildings and new parts of existing buildings undergoing refurbishment or expansion. The requirements of the Premises Standards’ Access Code are based on the access provisions of the National Construction Code / Building Code of Australia (NCC / BCA), however revision of the Premises Standards does not keep pace with revision of the NCC / BCA and there are a number of inconsistencies between them.
DSAPT outlines access requirements for public transport services, infrastructure and premises. Some requirements of DSAPT have been mirrored in the Premises Standards and the NCC / BCA, however the overall scope of DSAPT is greater than the Premises Standards’ and the NCC / BCA’s access requirements for Class 9b and Class 10 public transport buildings.
Complying with the requirements set out in the Premises Standards and DSAPT achieves compliance with the DDA, but only in relation to the specific requirements the Standards address. The Premises Standards and DSAPT are limited in their scope: they generally do not regulate internal fitout and the requirements do not consider the full diversity of disability. They also do not apply to other types of premises and there are currently no Disability Standards that address requirements for premises such as streetscapes, parks and the like.
As recent court cases have shown, meeting the minimum mandatory requirements for compliance with the Disability Standards and the NCC / BCA does not guarantee protection against complaint or litigation. The DDA is complaints-based legislation and people who believe they have been treated less fairly because of their disability and have experienced discrimination in relation to access to premises, regardless of whether or not the premises are subject to the scope of the Disability Standards or the NCC / BCA, are entitled to raise a complaint.
Thinking beyond the minimum mandatory requirements for compliance set out in the Disability Standards and the NCC / BCA, and designing the built environment so it supports and enhances access and inclusion for everyone is key to meeting the intent of the DDA. Considering the full diversity of disability helps improve accessibility for all and reduces the potential risk of attracting a complaint. And this need not be difficult or expensive; when considered at the outset, many accessible features are easy to incorporate and can be low-cost or cost-neutral. Often it’s as simple as considerate detailing of circulation spaces, joinery and fitout, and careful selection of furniture, fixtures, finishes, lighting and signage.
As access consultants and Universal Design specialists with significant experience in interpreting and applying the requirements of the access legislation, Realm Access is ideally placed to help our clients meet their obligations under the DDA. We welcome the opportunity to assist in incorporating Universal Design principles and industry best-practice into each project to ensure the public realm is safe and accessible to a diverse range of people.
If you would like further information or assistance with your project, please do not hesitate to contact us.