FREQUENTLY ASKED QUESTIONS: DISABILITY ACCESS TO PREMISES
A common question we are asked is what sort of disability access is required for a particular premises.
What does DDA say?
The Disability Discrimination Act 1992¹ (DDA) makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their disability.
Regarding access, the aim of the DDA is to enable, as much as possible, equality of access to and use of public spaces for people with disabilities. Under the DDA, discrimination against people with disabilities includes offering less favourable facilities such as ramps with inconvenient access points.
How does DDA relate to Australian Building Code?
The DDA requirements for access has a broad definition of premises, only part of which is covered by the Building Code of Australia (BCA). The Premises Standards 2010 was created to connect, clarify and standardise the disability access requirements covered by both the DDA and the BCA. The intention is that compliance with the BCA ensures compliance with both the DDA and Premises Standards, and vice versa.
The Government has taken an incremental approach with the Premises Standards, initially including only the premises covered by the BCA; however, the aim is that eventually the Premises Standards will cover every aspect of public spaces that is included in the DDA’s definition of premises.
The aim of the Premises Standards is to:
implement the guiding ideal of the DDA in eliminating access barriers to people with disabilities
ensure the implementation of the access requirements are cost-effective, equitable, dignified, and reasonably achievable
give certainty to all parties involved in the design, building and management of public buildings, such as developers, managers, and building certifiers
What kind of premises does DDA cover?
The DDA makes it illegal for all public spaces, both new and existing, to be inaccessible to people with disabilities.
A wide range of premises fall under the category of public spaces, including:
● Education institutions
● Shops
● Banks
● Public pools and toilets
● Cafes, restaurants, pubs and clubs
● Theatres
● Legal firms
● Libraries
● Sports venues
● Government offices
● Public transport
● Medical practices and Hospitals
● Hairdressers and beauty salons
● Government-run services and more
Although the Premises Standards does not specifically mention external facilities, such as footpaths, walkways and parks, they are still included in the general provisions the DDA makes for accessibility requirements for public spaces.
The DDA not only includes access to the premises but specifies that people with disabilities should have equality in their capacity to use the premises too. An example of this would be the inclusion of tactile and audio information about floor levels in a lift.
Can I apply for an exemption?
Several exemptions and concessions exist. If you are the lessee of part of a building, you may be exempt from upgrading certain parts of a building, and exemptions can apply to existing lifts and toilets if they comply with certain other requirements or previous standards.
The primary exemption to equal access is listed in Section D3.4 of the Premises Standards and the BCA. This exemption applies to an area if (a) its purpose of use is inappropriate for disability access, and/or (b) it would a health and safety risk for people with disabilities to have access. Paths of travel to areas (a) and (b) are also exempt from access requirements if they lead only to these areas.
Exemptions are also available if compliance would impose unjustifiable hardship to the owner or organisation. In reality, a straight exemption for unjustifiable hardship is uncommon and difficult to prove. Usually a Performance Solution can be arranged as part of the construction certificate or building approval process.
Our Disability Access page gives further information about unjustifiable hardship. Section 4.1 of the Premises Standards lists the circumstances required to be taken into account in determining whether compliance would involve unjustifiable hardship.
The Australian Human Rights Commission has also produced Guidelines on application of the Premises Standards which assists in the implementation of the standards.
Are audits available?
The Premises Standards includes provisions that require case-specific assessment and professional judgment. Connect with us here for audits, advice, and solutions to your access requirements.
