On Sun, Oct 26, 2008 at 18:49, tee <[EMAIL PROTECTED]> wrote:
> On Oct 25, 2008, at 11:35 PM, Elizabeth Spiegel wrote:
>> In Australia, HREOC is responsible for administering various
>> anti-discrimination legislation, including the Disability Discrimination
>> Act. [...]
>> One form of discrimination is offering a service to one group and
>> refusing to offer it, or offering on less advantageous terms, to another
>> group.
>
> I am very curious how is it possible to enforce this law. I don't really
> know about this so I am just making assumption that assistive software have
> not been caught up with the latest W3C recommendation, and the fact the W3C
> calls it a 'recommendation' instead of 'regulation/rule'. How the law draws
> the line?

The law doesn't require you to follow WCAG or do anything like that.
What it requires is that you don't provide a lesser service to people
with a disability because they have that disability. The onus is on
you to show that to provide an identical service would impose an undue
hardship.

In reality the law doesn't get touched very often when it comes to web
accessibility (or even many other things). There was the famous SOCOG
case (Sydney Olympics website was inaccessible and the committee was
fined significantly for that) but that was nearly a decade ago now.

If you were to be prosecuted the court (or more likely
HREOC/Administrative Appeals Tribunal before it got to court) would
consider what measures could be taken without imposing undue hardship
upon the service provider to ensure that equitable access is available
to people regardless of their disability. This will ultimately be a
question of law (i.e. for the judge), though an argument can be put
forward by either side as to what this would constitute. Often
"standard industry practice" can be considered, but it is by no means
conclusive.

Regards,

Michael

-- 
http://mine.mjec.net/


*******************************************************************
List Guidelines: http://webstandardsgroup.org/mail/guidelines.cfm
Unsubscribe: http://webstandardsgroup.org/join/unsubscribe.cfm
Help: [EMAIL PROTECTED]
*******************************************************************

Reply via email to