NSW No specific provisions in building legislation. An accredited certifier or the Access Advisory Panel established by the Building Professionals Board may assess cases of unjustifiable hardship. FY2011-12 – 2 considered and approved FY2012-13 – 1 considered and approved FY2013-14 - none NT No specific provisions in building legislation. The Building Appeals Board may hear appeals against certification decisions and evaluate assessment methods to arrive at Alternative Solutions 3 cases heard – only one supported (commercial premises). Qld No specific provisions in building legislation. An Access Panel provides advice to building certifiers on Alternative Solutions or advice on unjustifiable hardship Not available SA Sections 80 (3) and 80A(2) of the Development Regulations 2008 makes reference to unjustifiable hardship. The Building Rules Assessment Commission considers cases of unjustifiable hardship Two applications: a retrofit of a storage facility to student accommodation (claimed unjustifiable hardship on financial grounds) - unsuccessful the conversion of a storage facility to a small bar, (claimed unjustifiable hardship on heritage grounds) - successful TAS Section 218A(3) of the Building Act 2000 states that an application must be made on the ground that compliance with a access provision of the BCA impose unjustifiable hardship on the applicant. The Tasmanian Resource Management and Planning Appeals Tribunal, via a 2012 Amendment to the Building Act 2000, determine applications for cases of unjustifiable hardship. One application was lodged, and later withdrawn. VIC Building Regulation 116 aligns the operations of the regulations with the Premises Standards. Applications for cases of unjustifiable hardship can be made to the Building Appeals Board. FY 2011/12 = 23 cases FY 2012/13 = 19 FY 2013/14 = 16 cases WA No specific provisions in No Access Panel or equivalent has been established Nil Source: state and territory jurisdictions As can be seen from Table 3, the jurisdictions have taken different approaches to handling cases of unjustifiable hardship. South Australia, Victoria and Tasmania have amended their legislation to recognise unjustifiable hardship in their building regulations and have established mechanisms to assess such cases. Neither the Australian Capital Territory’s nor Western Australia’s building
Appendix 3: Summary of Progress on Access All Areas Report Recommendations Introduction of the Premises Standards (Recommendation 1)The Committee recommends that Response Status Recommendation 1 The Premises Standards be introduced without delay. Any issues which cannot be finalised without causing delay should be considered at a later date. Accepted Introduced on 1 May 2010 This recommendation is completed. Scope of the Premises Standards (Recommendations 2 to 4) The Committee recommends that Response Status Recommendation 2 The requirement for access to be provided to the common areas of Class 2 buildings, which was contained in the 2004 draft Premises Standards, be included in the Premises Standards. Accepted in part. The Government agrees to the adoption of the approach of the 2004 Premises Standards to set access standards in relation to common areas of new Class 2 buildings where one or more sole-occupancy units are available for short-term rent. This will deliver the principal benefits of the requirements at a reasonable cost. The vast majority of building activity in regard to Class 2 buildings is applicable to new buildings. Recognising that this situation may change over time, and that further evidence may emerge, the question of including existing 2 buildings within the scope of the The Premises Standards amendment on 22 Sept 2010 included: “a Class 2 building that: Is a new building; and Has accommodation available for rent.” However, by complying with the requirements in the BCA, which requires certain levels of access in specified common areas for all new Class 2 buildings, it will also ensure compliance with the limited provisions of the Premises
Recommendation 10 The current exemption for fire-isolated stairs and ramps in paragraph D3.3(b) be amended to provide accessibility as far as practicable, with particular consideration given to tactile ground surface indicators, luminance contrast stair nosings and second handrails. Accepted in part. The Government accepts the recommendation to include luminance contrast stair nosings on fire-isolated stairs. Consideration of other accessibility components requires safety and technical assessment of their impact on building design requirements and an evaluation of cost, and will be referred to the Australian Building Codes Board for further consideration The Access Code D3.3 – Parts of buildings to be accessible, has been significantly and re-ordered The Report reference to D3.3(b) is now D3.3(a) This part is more specific in the requirements and does not address tactile ground surface indicators, luminance contrast stair nosings and second handrails. Refer to review report Section 2.9 Emergency Egress. Specific Provisions of the Premises Standards (Recommendations 11 to 15) The Committee recommends that Response Status worded
Recommendation 11 Technical matters raised by submissions to this inquiry which relate to Australian Standards be referred to Standards Australia for urgent consideration. Accepted. The Government has been in dialogue with Standards Australia in relation to the revision of three of the Australian Standards referenced in the Premises Standards, namely AS 1428.1, AS 1428.4.1 and AS 2860. The Standards Australia standards were completed at the end of 2009. The matters raised in the submissions to the Committee were passed to Standards Australia and considered in that process. Table 1 in Part A3 refers to referenced documents. These include: AS 1428.1 – Design for access and mobility AS 1428.4.1 – Design for access and mobility AS 1735 – Lifts, escalators, and moving walks AS/NZS 2890 – Parking facilities. The Government response incorrectly referred to AS/NZS 2860 and not AS/NZS 2890. AS 1428.1 and AS 1428.4.1 were amended in 2010 prior to the Premises Standards commencing on 1 May 2010. AS/NZS 2890 was amended in 2009. The matters raised have been considered by the relevant Standards Australia committees in finalising the Australian Standards that were referenced in the Premises Standards. The reference should be to AS/NZS 2890.6 covers accessible carparking. This recommendation is completed. Recommendation 12 The objects of the Premises Standards be amended to include a reference to dignified access for people with disability. Accepted The words “dignified access” are now in the objects 1.3(a). This recommendation is completed.
344 EMR Australia PL 345 Arts Access Australia 346 City of Port Phillip 348 City of Melbourne 349 PWDA 350 JFA Purple Orange 351 National Disability Services 352 Darebin Disability Advisory Committee 353 Tasmanian Anti-Discrimination Commission 354 Sunshine Coast Council 355 Equal Opportunity Commission of South Australia 356 No Permit No Park 359 Northern Sydney Council of Parents and Citizens Associations 360 WA Disability Services Commission 361 ParaQuad Tasmania 362 House with No Steps 364 Victorian Building Authority 366 Physical Disability Council of NSW (PDCN) 367 Kingborough City Council 368 Tourism and Transport Forum (TTF) 369 Allergy and Environmental Sensitivity Support and Research Association (AESSRA) 370 SLOPES 371 Queenslanders with Disability Network 372 Spinal Injuries Australia 373 Queensland Action for Universal Housing 374 Australian Blindness Forum 377 Marrickville City Council 378 Darwin Community Legal Service 380 Standards Australia 381 ICOMOS 383 Hosted Accommodation of Autralia 384 Australian Building Working Group 385 Royal Society for the Blind 386 Local Government Association of Queensland 388 City of Launceston Individuals 2 Charles 3 Brian Ross 4 David 5 Marc Joyce 6 Jon Stanhope 7 Annette Pham 8 Bill Lawler 9 Hancock 10 Harry Audus 11 Mark Reradon 12 Samantha Wynd 13 Gael Schmid 14 Sue Bannister 15 Carolina Olivares-Martin 16 Susan Brown 17 Alison Grills 18 RJohn Carter 19 Louise 20 Reynolds 21 Mario Brnabic 22 Ang Pisani 23 Patricia Anne Hunt 24 Belinda Mullan 25 Susan Young 26 Marisa McCague 27 Smith 28 Jillian Cheek 29 Amanda Preece
109 Dale Dumpleton 110 Ken Wills 112 Ricky Buchanan 114 Debra Jefferis 115 Murray Mountain 116 Robyn Thompson 117 Peter J Kerley 118 William Peacock 121 Angela Small 124 John McPherson 125 Greg 126 Rebecca Panigyrakis 127 Julie Sankey 129 Emma 130 Megan Costello 131 Danielle Bugg 132 Paige Davis 133 Dr Duc Hao Pham 135 Kim Batchelor 137 Kay Phillips 138 Snezana Trkulja 142 Colleen Laoudikos 143 Leanne Phillips 144 Martin Benge 145 Richard Seidman 146 Mary Mcaleer 147 Kris Kostovski 148 Souhayla 149 Prue Vines 150 Phil Malcolm 151 Joy Palmer 152 Kathy Barry 153 Dorothy Daniels 154 Rowan Stanley 155 Sue Presswell 156 Shane Crosby 157 Daniel Mendes 158 Benard 159 Leo Steman 160 Colin Edwards 161 Peter Shackleton 162 Paul Johnstone 163 Michelle 164 Lorain McElligott 165 Malcolm 166 Robert Lee 167 Garvin 168 Cheryl Norris 169 Wright-Smith 170 Scheibel 171 Nikki Boys 172 Melinda Mackay 173 Robyn 174 Carol Ritchie 175 Sanjay Sircar 176 Ana Pender 177 Margaret Ker 178 Chris Rowntree 179 Ann Darbyshire 180 Pat Gunn 181 Karen Stewart 182 Ruth 183 Eden 184 Frank Hodges 185 Salote 186 Teresa Quinn 187 Lucy Hamilton 188 Meryl Tobin 189 Sorcha 190 Tracey Kent 191 Julie Farrell 192 Marilyn Goninon
193 Andrew Stewart 194 Daniel 195 Bridget Wright 196 Kate Groves 197 Rebecca Maria 198 Gabi Smalley 199 Elizabeth 200 Sue Morgan 201 Lindy Jurd 202 Norma Jacques 203 Cheryl Chandler 205 Caroline Knight 208 Jennifer Barling 209 Michael Hollmann 210 Ronny Gunnarsson 211 Sarah Cooper 213 Wendy Coy 214 David Darlington 215 April Harrison 216 Ken Tyquin 217 Barbara Westhead 218 McQuillan King 219 Michelle Joyce 220 Sue Norman 221 Leonie Robinson 222 Bianca Wong 223 Kingsley Lunt 224 Kevin Butler 225 Belinda Thompson 226 Charles Günther 227 Duncan Wick 229 Terry 230 Aldwell 231 Jenny and David McDonald 232 Mark Hamburger 234 Carrie 235 Nga Pham 236 Kha Vu 237 Ham Pham 238 Jimmy Dzung Pham 239 Khoi Vu 240 khoa Vu 241 Tanya 242 Lee Vu 243 Hanh Parton 244 Colin Burnes 245 Sylvia Stone 246 Kelly Rooney 247 Elaine Howard 250 Michelle Haynes 251 John Van der Have 252 Raelene West 255 Kazu Milne 256 Stephanie Gleeson 257 Richard Casley 258 Shaun McCredie 259 Des Le Fevre 260 Jane Bringolf 265 Nola Pedersen 266 Noel 267 Mikol Furneaux 277 Hans Tracksdorf 279 Mark Baker 280 Alan Merry 281 Sorcha Conlon 282 Nab Matejic 283 Lucy Matejic 284 Stephen Perks 285 Linda Fread 287 Steven Weller 288 Kipling 289 Carol Vidler
290 Nicola 291 Cora Ferrariz 292 Sarah Baston 293 Maihuyen Au 300 Mark Relf 302 Mandy Meredith 318 Amanda Stenson 323 George 324 Ian Ugarte 328 Kevin Debnam 337 Aja Goddard 342 Max Murray 343 Greg Curnow 357 Bill Simpson 358 Liyana Mohamed 375 David Vickery 382 Kennedy Confidential Submissions 63 Confidential 94 Confidential 96 Confidential 111 Confidential 113 Confidential 139 Confidential 140 Confidential 207 Confidential 253 Confidential 254 Confidential 272 Confidential 303 Confidential 306 Confidential 311 Confidential 313 Confidential 317 Confidential 320 Confidential 329 Confidential 331 Confidential 347 Confidential 363 Confidential 365 Confidential 376 Confidential 379 Confidential