State and Commonwealth legislation recognises that people with disabilities should have the same opportunities as others to join in all aspects of community life, including access to premises. The Disability Services Act WA (DSA) and the Disability Discrimination Act (DDA) are particularly relevant in this area.
 
The DSA requires State Government agencies and Local Governments to have a Disability Access and Inclusion Plan and to report on the implementation of their plan’s access initiatives to the Disability Services Commission and in their annual report.

The DDA aims to provide uniform protection against discrimination for all people with disabilities in Australia.  The DDA requires that people with disabilities be able to access any building that the public is entitled to enter and use, and have access to any services and facilities provided in those buildings.  The Act applies to all levels of government and the private sector.

The DDA allows for individuals to complain to the Human Rights and Equal Opportunity Commission (HREOC) if they consider that they have been discriminated against because of their disability.  In certain situations a defence of “unjustifiable hardship” is provided for in the Act.  The DDA allows an agency to develop and lodge an action plan that demonstrates the agency’s commitment to accessibility and it may also assist an agency if a disability discrimination action is brought against it.

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