WHAT IS DDA COMPLIANCE AND ACCESS?
Everything you need to know about the Disability Discrimination Act and Access to Premises
In Australia, people with a disability have a right to access places used by the public.
The Disability Discrimination Act (DDA) is the law in Australia that gives valuable insights into the rights of access to places used in public for people with a disability.
The core essence of the act, and the Premises Standards made under it, is to ensure that a person with a disability has the right to access places used by the public with ease and without any discrimination.
Which public access does the D.D.A cover?
The DDA was created to make it illegal for any public space to be inaccessible to those with a disability. This includes all institutions, walkways and public recreational areas.
This law doesn’t only apply to new places under construction, but also includes existing places. If an existing place does not comply with the DDA, it could be subject to a complaint, and, in certain situations, some existing places may be required by legislation to be upgraded.
Public places include:
● 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
External places such as footpaths, walkways and parks, are not specifically mentioned by the Premises Standards, but remain subject to the general DDA provisions as public places that should not discriminate against people with a disability.
The DDA Criteria
There are a few things that the DDA¹ expects from each public space to ensure that there is no discrimination. In order for these spaces to be DDA compliant, it’s crucial that the space is just as easily accessible to those with a disability as to those without. Not only should they be able to enter and exit without discomfort, but they should be able to use and enjoy the facilities without being deterred by inferior or unavailable access.
Struggling to provide access? Here’s what you can do
In specific cases where DDA compliance will cause extreme difficulties or unrealistic costs to a company or individual, the DDA will make allowances due to "unjustifiable hardship". If a company or individual claims ‘unjustifiable hardship’, they would need to prove that they are incapable of providing access and provide thorough reasoning behind it. In the absence of prescriptive methods to claim unjustifiable hardship, a performance solution is a potential way of achieving compliance. This is usually done as part of the construction certificate or building approval process.
Would you like to know more?
We’d love to answer any questions you may have about the ins and outs of the DDA. Connect with us here and we’d be more than happy to provide the right advice regarding DDA Compliance for buildings, audits, plans and more.
