The Disability Discrimination Act 1992 is Commonwealth legislation which, in its simplest terms, makes it unlawful to treat a person with a disability less favourably than another person in similar or the same circumstances, unless to do so would constitute an unjustifiable hardship. Among other things, discrimination may occur in the provision of access to premises, including buildings.
The law applies to new and existing public accommodation. This includes places that are privately owned and operated but serve the public. For example: restaurants, theatres, stores, professional offices, other service establishments, galleries, lodgings and places of recreation are all considered public accommodation, for the purpose of the legislation. The requirement extends to building elements, landscape elements and structures, some of which lie beyond the scope of the National Construction Code (NCC), because all are defined as 'premises'.