Does the DDA apply outside Australia?
The usual rule of statutory interpretation is that Australian laws apply only within Australia. The reasons for this rule are obvious, in terms of the practicality of Australia regulating activity in other countries, and the desire of all nations (including Australia) to have only their own laws governing activities on their own territory. However, this rule of interpretation does not apply where the law itself indicates that it is to apply extraterritorially. The Disability Discrimination Act includes such a provision. Section 12(8)(d) indicates that the “limited application provisions” apply to matters external to Australia. This does not mean that the DDA would apply to matters overseas without some substantial Australian connection, but discrimination by Australian corporations overseas could well be within the scope of the DDA. Discrimination in provision of services (such as travel services or education) outside Australia could be covered where the contract or agreement for provi
