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Updates to the Disability Discrimination Act 1992 (DDA)

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Ryan Dillon

Associate, Building Code & Digital Lead

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Ryan Dillon

Associate, Building Code & Digital Lead

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There has been significant discussion across the industry about the recent changes to the Disability Discrimination Act 1992 (DDA) and its reference to AS 1428.1-2021. While these updates reinforce Australia’s commitment to accessibility, they have also exposed a major regulatory misalignment—one that State and Commonwealth governments must urgently address.

The issue?

  1. The DDA (Commonwealth law) now mandates compliance with AS 1428.1-2021, setting a higher accessibility standard.
  2. The Building Code of Australia (BCA) (State law), which governs building approvals, still references the older AS 1428.1-2009.
  3. Section 109 of the Constitution states that Commonwealth law prevails over conflicting State laws, yet State and Territory regulators continue to approve buildings under the outdated standard.

The result?

A disconnect where a building can be fully approved under State law but still be in breach of Federal law, exposing developers, certifiers, and building owners to legal risks under the DDA.

Industry Cannot Be Expected to Solve Government Oversight.

Industry bodies, practitioners, and stakeholders have voiced concerns—but this isn’t a problem the private sector can fix.

  1. This isn’t about voluntary compliance—it’s about legal certainty. This isn’t a problem that can be solved with more reports or industry working groups;
  2. This is a failure of regulatory alignment, and responsibility sits with Government, both Stage and Federal;
  3. While some in the industry are proactively adopting AS 1428.1-2021 to future-proof projects, the reality is that national consistency across all building codes and standards must be a government priority.

Our recommendations

  1. Alignment of the BCA with AS 1428.1-2021 to remove inconsistencies and ensure a clear, enforceable regulatory framework;
  2. Government leadership to unify accessibility standards rather than forcing industry to navigate conflicting laws;
  3. Legislative change, not just advisory papers, to eliminate compliance uncertainty.

The construction industry operates within the law set by government, not the other way around. State and Commonwealth governments need to be responsible for fixing this regulatory gap—not leave it to industry to figure out the inconsistencies on its own.

At DC Partnership, we specialise in Accessibility and Inclusive Design, Fire Safety Engineering, and Building Code Consultancy. Our multi-disciplinary approach simplifies complex building codes, turning architectural visions into reality.

Interested in learning more? Reach out to us at hello@dcpartnership.com.au.

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Ellie is the powerhouse behind DC Partnership’s financial, operational and people performance. With over a decade of experience in consultancies, startups and corporate environments, she’s a master at combining big-picture strategy with hands-on problem-solving. Since joining DC Partnership in 2021, Ellie has streamlined operations, expanded the company’s footprint and kept everything running smoother than ever. A champion of diversity, inclusion and female leadership, Ellie is all about creating a workplace where everyone feels valued—and where no challenge is too big to tackle.