Document ID: chunk:federal_register_of_legislation:F2024C01272:body:0:p8
Version: federal_register_of_legislation:F2024C01272
Segment Type: other
Provision Reference: 
Character Range: 18750–21593

including benefits to people with a disability, to building users or to other affected persons, or detriment likely to result from non‑compliance;
 (k) detriment reasonably likely to be suffered by the building developer, building certifier or building manager, or people with a disability or other building users, including in relation to means of access, comfort and convenience, if compliance with these Standards is required;
 (l) if detriment under paragraph (k) involves loss of heritage significance — the extent to which the heritage features of the building are essential, or merely incidental, to the heritage significance of the building;
 (m) any evidence regarding efforts made in good faith by a person to comply with these Standards, including consulting access consultants or building certifiers;
 (n) if a person has given an action plan to the Commission under section 64 of the Act — the terms of the action plan and any evidence about its implementation;
 (o) the nature and results of any processes of consultation, including at local, regional, State, national, international, industry or other level, involving, or on behalf of, a building developer, building manager or building certifier and people with a disability, about means of achieving compliance with the requirement, including in relation to the factors listed in this subsection;
 (p) any decisions of a State or Territory body established to make recommendations to building authorities about building access matters.
 (4) If a substantial issue of unjustifiable hardship is raised having regard to the factors mentioned in subsection (3), the following additional factors are to be considered:
 (a) the extent to which substantially equal access to public premises is or may be provided otherwise than by compliance with these Standards;
 (b) any measures undertaken, or to be undertaken, by, on behalf of, or in association with, a person or organisation to ensure substantially equal access.
 (5) For these Standards, unjustifiable hardship is to be interpreted and applied having due regard to the scope and objects of the Act (in particular the object of removing discrimination as far as possible) and the rights and interests of all relevant parties.
4.2 Acts done under statutory authority etc
  These Standards do not render unlawful anything done in a circumstance mentioned in section 47 of the Act.
4.3 Lessees
 (1) If the lessee of a new part of a building submits an application for approval for the building work, the following people do not have to ensure that the affected part of the building complies with these Standards:
 (a) the building certifier;
 (b) the building developer;
 (c) the building manager.
 (2) Subsection (1) does not apply if a building with a new part is leased to only 1 person.
4.4 Lift concession
  The requirement