Does the DDA apply to State and territory governments?
Yes. The DDA states that it binds the Crown in right of each of the States (and Norfolk Island) as well as in right of the Commonwealth: see DDA section 14(1). Thus the DDA applies to actions of State government instrumentalities equally with actions of Commonwealth instrumentalities or private sector bodies in the areas which the DDA covers. This includes provision of services (under section 24), which includes services of a kind provided by government (see the definition of services in section 4). Note, however, that nothing in the DDA makes it unlawful for a State or Territory to legislate in a particular way, even if the effect of that legislation may be seen as discriminatory (for example by restricting entitlements to services or benefits such as workers compensation benefits). It may be possible in some cases to argue before the courts that discriminatory legislation is inconsistent with the DDA and thus inoperative because of section 109 of the Constitution, but it is not possi
