The only exception is if premises are so designed or constructed as to prevent access, and changes would cause unjustifiable hardship. The DDA requires access- this is context for standards. The Building Code of Australia regulates, through its adoption by Governments, the construction and refurbishment of buildings. It contains various provisions relating to access for people with disabilities, although compliance with it probably does not mean that a building is totally DDA compliant. This, of course, is a problem for designers, builders and regulators.
Current uncertainty is one of the drivers for developing a standard.
Since the DDA came into operation the Commission has had a number of options available to it to pursue strategies to promote compliance. The Commission has pursued all these strategies, but in the last 5 years has invested considerable resources in working with the Board and other interested parties to achieve changes to the DDA to allow for a DDA Standard in this area and in advising interested parties on how a DDA Standard might develop. This optimism is partly due to the fact that we now do have a change to the DDA to allow for the development of a standard. The DDA was amended last year partly because of the clear message from the Attorney-General that he is eager to receive a consensually developed draft as soon as possible, but mainly because members of BAPC are united in their desire to see a Standard developed. This last is important, because if there is not a co-operative process to develop the standard we will be left to operate in the current uncertainty.