Document ID: chunk:federal_register_of_legislation:F2021L01306:reg:93:p7
Version: federal_register_of_legislation:F2021L01306
Segment Type: reg
Provision Reference: reg 93 (pt 7/10)
Character Range: 219860–222671

occur. The solutions should retain the significance of the buildings and setting unless there is no other feasible and prudent alternative.

  5.10      Access to the Site & Building, and the DDA

  Public access has always been provided to the building and created a social significance. This needs to continue. There is also an opportunity to promote the significance of the building and its setting. It is noted that there is a 2014 Disability Action Plan.

  Currently, the main provision for access to the building for people with disabilities is made through the Liversidge Street entry. Access ramps have been provided to the entrance of the Annex building, as part of its design. The design probably complied with the BCA at the time of construction, however, an inspection indicated it does not comply with current requirements with respect to landings. Long- term management of the building will need to include upgrading the Liversidge Street access ramp to comply with current Building Code of Australia requirements.

  The circa 1980's ramp at the NE corner of the main building, has only been retained for emergency egress.

  A complying access ramp has been provided for access to the café and the main entry, and to the South Gallery from the Courtyard in 2018.

  The Disability Discrimination ACT (DDA) 1992 is Commonwealth legislation which requires that people with disabilities be given equal opportunity to participate in and contribute to the full range of social, political and cultural activities. The DDA is not about limited or parallel access, but promotes and protects equality of access - physical, informational and attitudinal.

  The DDA Section 23 'makes it unlawful to discriminate against a person on the basis of a disability that he or she has, had, may have in the future or is assumed to have. It also makes it unlawful to discriminate against a person on the basis that his or her associate (partner, carer, friend or family member) has a disability'.

  It also makes it unlawful to discriminate against people on the basis that they have or may have a disability or treat a person with disabilities in any way different in the provision of goods and services or facilities.

  The DAA is a complaints-based legislation requiring people who consider themselves discriminated against to lodge a complaint which is then heard by the Australian Human Rights Commission (AHRC). There is an unjustifiable hardship clause that access may not need to be provided if
  "detriment involves the 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".

  Human rights and equal opportunities legislation also includes protection against discrimination on the