Both the EO Act and the DDA prohibit refusing access to premises on the ground of disability (see: Chapter 17 Discrimination). Under section 23(2) of the DDA, the respondent to a complaint has the burden of proving that the adjustments that the person requires, in order not to be treated less favourably, pose an unjustifiable hardship for the respondent who has to make the adjustments. "Unjustifiable hardship" does not mean mere inconvenience or relatively minor expense. It involves some suffering. What is unjustifiable hardship to a small business may be insignificant to a large company.

The law does not define unjustified hardship. When resolving the question courts consider what adjustments the person needs and the likely effect of the person's disability, or of any adjustments needed, on anyone concerned. This involves working out:

Under section 46 of the EO Act, someone may refuse to provide a service to a person, or set reasonable terms for providing the service, if the service needs to be provided in a special manner because of the person's disability or physical features. However, in order to invoke the section, the provider of the service must show that it cannot reasonably provide the service in that manner, or that it can only be reasonably provided on more onerous terms than if it was provided to a person without that disability or physical features.

Special manner of providing service is a defence similar to unjustifiable hardship. In either case, a person's compliance with the Premises Standards makes their action lawful.

Buildings listed under the Heritage Buildings Register are not exempt from providing access to persons with a physical disability. Alterations to these buildings to provide access are allowed provided they would be carried out without taking away the heritage character of the buildings. Permits are required for any activity that may alter or damage such buildings. A permit is not required for minor repairs or for replacing new for old. Activities which require a permit include additions to structure, subdivision and demolition. Providing for lifts, wider hallways or toilet facilities may involve works requiring a permit.

The Executive Director of Heritage Victoria accepts permit applications and processes them within 60 days. Applicants who are not satisfied with a permit refusal, or conditions imposed on the permit, may appeal to the Heritage Council within 60 days from when the permit is issued or the notice of refusal given.

ResCode was launched in May 2001. The Code includes Standard B25, which now requires that the dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. ResCode does not indicate precisely how independent access is to be achieved. The requirement is only access to dwelling entry, hence all other avenues of movement within the dwelling are excluded.

Livable housing design (LHD) is housing that meets the needs of all people at various stages of their lives, including people with a disability and senior Australians. On 13 July 2010 the Australian Human Rights Commission launched the LHD, with the aims of:

The LHD is voluntary. However, signatories to the agreement must commit to working together to develop education and training resources, release technical guidelines to assist the housing industry and identify possible incentives for encouraging industry and owners to adopt the use of the technical guidelines.  

Currently, under the EO Act and the DDA, only a tribunal or court may determine whether a building has been constructed with equal or adequate access facilities for people with disabilities. When the Access to Premises Standard becomes law, the BCA compliance and enforcement regime may monitor the course of construction of a building so that both the owner and user will be assured of compliance with access requirements.

Due to the technical nature of the standards, it is advisable to involve an access expert in conducting an access audit.

As part of the Commonwealth-State Disability Agreement (see: "Relevant legislation", in Chapter 16*1 Disability Overview), the Disability Standards for Accessible Public Transport and Guidelines Standards became law on 23 October 2002. The Transport Standards set out a 20-year timetable by which almost all public transport will become accessible to people with a disability: 25% must be accessible within five years, 55% within 10 years, 90% within 15 years and 100% within 20 years.

This does not mean that they have no present obligation to provide disability access. For example, failure of a bus company to provide an accessible bus service may be challenged under the EO Act or the DDA. The bus company would usually rely on the defence of "unjustifiable hardship" or "reasonable manner of providing services" discussed above.

The Standards also allow equivalent access. Equivalent access is a process, often involving the provision of direct assistance, under which an operator or provider is permitted to vary the equipment or facilities that give access as long as an equivalent standard of amenity, availability, comfort, convenience, dignity, price and safety is maintained.

Transportation that is chartered privately needs to comply with access requirements under the EO Act and DDA prohibition against discrimination in the provision of transportation, or goods and services.