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Web accessibility obligations across Australia (DDA), the UK (Equality Act and PSBAR) and the US (ADA), the key laws and the risks of non-conformance.
Web accessibility is a legal obligation in a growing number of jurisdictions. For Australian organisations operating across borders — or planning to — understanding the regulatory landscape is not optional. The legal environment for digital accessibility is more active than many organisations realise, and the trajectory is clearly toward stronger obligations and more active enforcement.
The Disability Discrimination Act 1992 (DDA) makes it unlawful to discriminate against a person on the basis of disability in the provision of goods, services and facilities. The DDA’s application to digital services was established in the landmark case of Maguire v SOCOG (2000), in which the Human Rights and Equal Opportunity Commission found that the Sydney 2000 Olympics website discriminated against Bruce Maguire, a blind man who used a screen reader, by failing to provide accessible alternative text and accessible tables. SOCOG was ordered to remediate the site and ultimately paid Maguire $20,000 in damages.
In Innes v State of Queensland (Queensland Health) [2018] FCCA 2763, Graeme Innes — a former Australian Disability Discrimination Commissioner who is himself blind — successfully argued that inaccessible documents on the Queensland Health website constituted discrimination under the DDA. The Federal Circuit Court ordered Queensland Health to pay $10,000 in damages and make its website accessible.
These two cases establish a clear precedent: digital products are within the DDA’s scope, and inaccessible content can constitute unlawful discrimination. For government bodies, Commonwealth and state accessibility policies add specific obligations. The Australian Human Rights Commission recommends conformance with WCAG 2.2 Level AA as the practical standard.
In the UK, the Equality Act 2010 forms the foundation of anti-discrimination law. It applies to all service providers — public and private — and requires organisations to make reasonable adjustments for people with disability, including in digital services. Failure to make those adjustments can constitute discrimination.
Layered on top of the Equality Act for public sector bodies are the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 (PSBAR), which require public sector websites and mobile apps to meet WCAG 2.2 Level AA and publish an accessibility statement. PSBAR applies to central and local government, the NHS, universities and other publicly funded bodies. Enforcement is carried out by the Central Digital and Data Office (CDDO) in conjunction with the Equality and Human Rights Commission (EHRC).
For private sector organisations in the UK, the Equality Act’s reasonable adjustments duty is the primary obligation. WCAG 2.2 Level AA conformance is the practical standard most organisations use to demonstrate they have met it.
The Americans with Disabilities Act (ADA) has been applied to websites and digital services under Title III, which covers places of public accommodation. While the ADA does not specify a technical standard, courts have generally looked to WCAG 2.1 Level AA as the de facto benchmark. In 2024, the US Department of Justice issued a final rule under Title II of the ADA explicitly requiring WCAG 2.1 Level AA conformance for state and local government websites.
The US has a high volume of digital accessibility litigation. According to tracking by the ADA Title III blog (Seyfarth Shaw), 3,117 federal web accessibility lawsuits were filed in 2025 — a 27% increase from 2024’s 2,452 filings. Website accessibility cases made up 36% of all ADA Title III federal lawsuits filed that year. For Australian organisations with US customers, US operations or US expansion plans, this litigation environment is a material risk.
Across all three jurisdictions, the practical response is the same:
These steps provide the most defensible position available, and they produce better products as a side effect.
The organisations most exposed to legal risk are those that have not assessed their accessibility position, have no documented programme, and are relying on outdated self-assessments or automated scans alone. An IncluD accessibility review provides the expert, documented assessment that forms the foundation of a credible accessibility programme.
Q: Is web accessibility legally required in Australia?
Yes. The Disability Discrimination Act 1992 applies to digital services, and both Maguire v SOCOG (2000) and Innes v Queensland Health (2018) confirm that inaccessible digital products can constitute unlawful discrimination. Government bodies face additional obligations under specific accessibility policies.
Q: What is PSBAR?
The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 require UK public sector bodies to meet WCAG 2.2 Level AA and publish accessibility statements. They apply to central and local government, the NHS, universities and other publicly funded organisations.
Q: How significant is ADA web accessibility litigation in the US?
Over 3,100 federal web accessibility lawsuits were filed under ADA Title III in 2025 alone (Seyfarth Shaw). For organisations with US customers or operations, digital accessibility is a significant legal risk.
Q: What standard should we meet to satisfy accessibility law?
WCAG 2.2 Level AA conformance is the standard referenced by regulators and courts across Australia, the UK and the US. It is the practical target for organisations in all three markets.