DURING THE BUILDING DESIGN PHASE
The legislation requiring public buildings to incorporate access for people with a disability contains criteria for different situations, exemptions and concessions, and references numerous Australian Standards for specific compliance provisions. As specialists in accessibility, our advice clarifies what can be a complex web of requirements.
ACCESS AUDITS
An inspection may be undertaken of an existing building to determine if it complies with accessibility requirements and this is often referred to as an audit. The results are generally presented in report format and will identify areas considered to be non-compliant and offer recommendations for building upgrades in order for compliance to be achieved or access to be improved.
Inspections and audits undertaken include office spaces, commercial premises, educational facilities, external environs and public facilities.
ACTION PLANS / MANAGEMENT PLANS
The Australian Human Rights Commission presents action plans as a way for an organisation to document how they intend to minimise discrimination. While initially intended with regard to accessing services, there is scope for action plans to address access to premises and demonstrate the commitment of an organisation to upgrade facilities to meet DDA obligations.
UNJUSTIFIABLE HARDSHIP
To date, successful submissions for unjustifiable hardship are few and far between with many instead achieving a performance solution. While the Premises Standards require that a performance solution be utilised where possible in preference to seeking unjustifiable hardship, we have assisted with negotiating approval for unjustifiable hardship in the Northern Territory based on geographical and technical factors, along with detriments likely to be suffered with compliance being imposed.
Section 4.1 of the Premises Standards lists the circumstances required to be taken into account in determining whether compliance would involve unjustifiable hardship.
This involves submitting advice from numerous disciplines including access, heritage, structural, financial and others to demonstrate how compliance with the standards will result in hardship to the applicant and the extent to which this will be unjustifiable. A determination of unjustifiable hardship does not necessarily mean a blanket exemption will be applied and compliance to the extent considered reasonable will still be required.
The process varies in different states and territories, so please contact us for an obligation free discussion about your specific situation.
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