The Disability Discrimination Act 1992 is Commonwealth legislation which, in its simplest terms, makes it unlawful to treat a person with a disability less favourably than another person in similar or the same circumstances, unless to do so would constitute an unjustifiable hardship. Among other things, discrimination may occur in the provision of access to premises, including buildings.
The law applies to new and existing public accommodation. This includes places that are privately owned and operated but serve the public. For example: restaurants, theatres, stores, professional offices, other service establishments, galleries, lodgings and places of recreation are all considered public accommodation, for the purpose of the legislation. The requirement extends to building elements, landscape elements and structures, some of which lie beyond the scope of the National Construction Code (NCC), because all are defined as 'premises'.
Anyone who believes that he or she has been discriminated against can make a complaint with the appropriate federal agency. Anyone who owns, leases or operates a facility is vulnerable to complaint. If conciliation fails, the Federal Court will decide the matter.
It is evident that the Act greatly affects the architect. However, the Act itself does not define its requirements in building terms. It is not another set of building codes. Instead, it is human rights legislation that carries with it the full weight of the Commonwealth government.
The Act allows the creation of Disability Standards. It is unlawful to contravene a Disability Standard, but compliance with a Standard, where it applies, is an effective defence against complaint. The Disability (Access to Premises – Buildings) Standards 2010 (the 'Premises Standards') codifies the intent of the DDA in buildings, but it does not deal with all premises.
Because these Standards have been replicated in the NCC, formerly the Building Code of Australia (BCA), since BCA 2011, compliance with the DDA for access to buildings is achieved, for those elements of new building work addressed by the NCC, by compliance with its provisions.
A wide range of elements of building access is not addressed in the NCC, for example those associated with fit-out, including furniture and fittings. The practitioner must consider the accessibility of these elements if it is to respect the intent of the DDA.
Existing buildings are vulnerable to complaint. This aspect of the legislation is, perhaps, of greatest concern to architects. An architect responsible for design of a building since 1992, which the general public is entitled to use, should understand that ongoing vulnerability. The introduction of the Premises Standards does not diminish or extinguish that vulnerability.
See the Access design guide for design of specialist rooms and fit-out.
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