A.2 Section 23 of the DDA covers access to premises and makes it unlawful to discriminate against a person with disability in relation to access to, or use of, premises. Other areas of public life protected by the DDA may also require access to premises to be provided, including in employment, education, the provision of goods, services and facilities, accommodation, membership of clubs and unincorporated associations, and in the administration of Commonwealth laws and programs. While section 23 of the DDA states it is unlawful to discriminate it does not provide information to people responsible for buildings to assist them to design, construct or manage buildings in ways that do not discriminate. Subsection 31(1) of the DDA, however, allows the Minister responsible for the DDA to develop disability standards. It is unlawful to contravene a disability standard. Disability standards, and in this case the Premises Standards, effectively codify the general non-discrimination requirements of the relevant parts of the DDA. If a building complies with the Premises Standards those responsible for the building cannot be subject to a successful complaint of unlawful discrimination under the DDA in relation to the matters covered by the Premises Standards. Note on continuing application of the DDA in relation to matters not covered by the Premises Standards It is important to note that complying with the Premises Standards does not mean those responsible for buildings are fulfilling all their responsibilities in relation to possible discrimination under the DDA. Section A5 below identifies a number of areas where complaints of discrimination may still be made in relation to the use of buildings even if the Premises Standards has been complied with. A.3 The purpose of the Premises Standards is to both: discriminatory
The Premises Standards will not apply to any existing buildings until an application for approval of building work is submitted, except where the work is carried out for or on behalf of the Crown (and no application for building approval is required). As the ‘new part’ and the ‘affected part’ are the only portions of an existing building within the scope of the Premises Standards, there is no requirement imposed by the Premises Standards to upgrade or modify any other parts of the building in order to comply. Note on ‘affected part’ and the BCA While access requirements relating to ‘affected part’ of a building are part of the Premises Standards they are not part of the new BCA. State and territory building laws and regulations are being reviewed to address the issue of ‘affected parts’ of a building to ensure consistency with the Premises Standards. Building professionals should refer to their relevant state and territory building laws and regulations for clarification. Note on responsibility of building certifiers and ‘affected part’ It would be unlawful under the Premises Standards to fail to address the ‘affected part’ requirements when triggered and those responsible for a building could be subject to complaint under the DDA as a result. The authority of building certifiers to refuse to allow a project to proceed unless the ‘affected part’ is addressed is, however, limited to those states and territories that have incorporated the ‘affected part’ provisions in building law. See the ‘Note on authority of building certifiers in relation to the Premises Standards’ on page 8 of this Guideline. Subsection 2.1(6) Public transport buildings An ‘existing public transport building’ is defined by subsection 2.1(6) to mean a building (other than a new building) that is the passenger-use area of a Class 9b or Class 10 building used for public transport (being the whole or part of a building). From 1 May 2011, all new public transport buildings are required to comply fully with the Access Code (Part H2). Existing public transport buildings will be required to comply with the Access Code (Part H2) in accordance with the timetable set out in the table at section 3.1 of the Premises Standards.
Provide background and inform stakeholders of progress to date Outline amendments under consideration and examine the need for further impact analysis Outline timeframes and proposed details for incremental amendments Highlight opportunities for stakeholders to provide feedback. It is intended that the Handbook and Directions Report will be freely available from in 2013. In the meantime those responsible for buildings are encouraged to develop policies and procedures for emergency egress including, for example, Personal Emergency Egress Plans (PEEPS) for occupants with disability. A web search will provide examples of PEEPS. Performance Requirement DP6 This Performance Requirement establishes the performance to be met in providing access to exits within a building. See comments on clause A2.4 of the Premises Standards above. The Performance Requirement does not apply to bed and breakfast facilities (Class 1b) or non-habitable buildings (Class 10), or to the internal parts of a sole-occupancy unit in an apartment block (Class 3). It should also be noted that the Premises Standards do not apply to sole-occupancy units in a Class 2 building (see paragraph 2.1(2)(a) of the Premises Standards). Performance Requirement DP8 If carparking is provided in or around a building and the carpark is associated with that building, accessible carparking spaces must be provided (other than in relation to Class 2 buildings). These spaces are required to be larger than a conventional space. This facilitates a person transferring from a vehicle to their wheelchair or other mobility aid or disembarking in their wheelchair. This Performance Requirement establishes the performance to be met in providing carparking spaces for use by people with disability. Compliance with DP8 is achieved by: complying with the clauses identified in clause D3.0 (Deemed-to-Satisfy Provisions) developing a suitable alternative approach (Alternative Solution), or a combination of a) and b). The Performance Requirement does not apply to a building where a parking service is provided, such as valet parking where direct access to carparking spaces by the general public or occupants is not available.