 |
 |
 |
||
|
Access solutions can offer you a range of universal access solutions. Our services include: · Access audits to ensure your premises is compliant with current Australian standards For more information about this service or to make an appointment with one of our staff, please contact us on 08 7002 6500 or email accesssolutions@multiplesolutions.com.au
Regulatory Framework The 2011 revision of The Building Code of Australia (BCA) (1) incorporates the technical provisions outlined in the Disability (Access to Premises-Buildings) Standards (2010) (2) (known as the ‘Premises Standards’) which came into force on the 1st May 2011. (3) The Disability Discrimination Act 1992 (DDA) (4) has provided a legal requirement for a building or facility not to discriminate (5) against persons with disabilities. (6) The technical provisions (7) of the Premises Standards reference a range of Australian Standards (8) related to access (9) to premises (10). The Standards are formulated to comply with the intent of the DDA, including related to public transport & education.
Compliance with existing legal obligations under the DDA (11) has been enforceable since March 1993. Therefore, the Premises Standards & amended BCA can be regarded as not creating any new legal obligations, beyond those that have already been imposed. However, it has to date been a complaints-based mechanism, where a complaint is required to be lodged with the Australian Human Rights Commission (AHRC) (12) for a discrimination case to be considered. Confirmed compliance with a relevant Australian Standard has always constituted a defence to any complainant of discrimination related to the subject area covered by that standard that might be bought under the DDA. However, prior to the introduction of the Premises Standards, compliance with the BCA was not necessarily sufficient to ensure compliance with the DDA. With the alignment of the BCA, the Premises Standards, specific Australian Standards & the intent of the DDA, any new & many upgraded building which is required to conform to the BCA would have a higher certainty of compliance with the DDA, as these requirements are embedded within the approval processes aligned with the BCA. By having the relevant Standards embedded within the BCA approval process, accessibility becomes a ‘compliance’ based rather than a ‘complaints’ based mechanism. Building designers & certifiers, building owners & single lessees will now benefit from substantially improved certainty, transparency & predictability in relation to legislative requirements for providing access to premises & their compliance under the DDA. Except in existing public transport buildings, the Premises Standards do not apply to any part of an existing building until work requiring the approval of a building certifier (building / construction approval) is undertaken. However, it is still possible for a DDA complaint to be lodged with the AHRC, if a building or feature is not within the scope of the Premises Standards, for example:
Costs & benefits The Australian Building Codes Board final Regulation Impact Statement in October 2009 (13) concluded that: “It is also recognised that many of the benefits will be intangible: substantial reduction in the extent of social exclusion & increased capacity for participation in society of people with disability. “These benefits will be of significance both to people with a disability & to the general population”. The Australian Human Rights Commission foresees widespread the benefits with the introduction of the Premises Standards, including:
|
