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Design for Access and Mobility

This Section outlines your responsibility to provide workspaces that meet legislation and standards in relation to access and mobility and includes:

  • Disability Discrimination Act, 1992
  • Building Code of Australia/Australian Standards
  • Relevant Links

Disability Discrimination Act, 1992

The Disability Discrimination Act 1992 (DDA) sets out the specific areas in which it prohibits a person being discriminated against on the grounds of their disability (or the disability of an associate). These areas include accommodation, employment, goods, services and facilities, public transport and premises. They include access to or the use of "any premises that the public, or a section of the public, is entitled or allowed to enter or use".

People who design, build, own, lease, operate or manage such premises have responsibilities under Section 23 of the DDA (and also under State and Territory anti-discrimination laws). These responsibilities include not discriminating against people on the ground of disability in relation to the access to and use of those premises.

The DDA definition of 'premises' is very broad and includes, but is not limited to:

  • Existing buildings, including heritage buildings
  • Proposed or new buildings
  • Car parks
  • Open air sports venues, and
  • Pathways, public gardens and parks

Any part of the 'built environment' that the public is entitled or allowed to enter or use falls within the definition.

Existing premises can be exempt under some conditions, generally hardship clauses.

Building Code of Australia/Australian Standards

The Building Code of Australia (BCA) regulates alterations to existing buildings and new building works, and compliance is required for all work. This document is used by design professionals and building owners. The Australian Building Code Board (ABCB) continually reviews the BCA to ensure that its provisions for people with disabilities are consistent with the DDA. Further information regarding access for people with disabilities can be obtained from the ABCB Internet site at http://www.abcb.gov.au/content/access/main.cfm

All aspects of the DDA are not covered in the BCA. The BCA refers to specific Australian Standards(AS) produced by Standards Australia, which develops documents in conjunction with industry specialists to set up mandatory elements and preferred best practice for a range of relevant issues. Standards are revised on a regular basis.

Australian Standards have normative and informative sections. Normative sections are integral to the Standard and Informative sections are provided for information and guidance only.

The relevant Standard for the DDA is Design for Access and Mobility AS 1428 which contains both mandatory and discretionary requirements:

Mandatory Requirements

AS 1428.1-2001 Part 1 General requirements for access - New building work. This part of the standard is called up in the BCA and is therefore mandatory. It is essential to satisfy the mandatory requirements of the Standard.

Discretionary Requirements

AS 1428.1-2001 Parts 2, 3 and 4 are discretionary though they can be called up under certain circumstances where best practice is desirable. Their relevance relates to specific agency functional and operational requirements:

  • Part 2 - Enhanced and additional requirements - Building and facilities
  • Part 3 - Requirements for children and adolescents with disabilities
  • Part 4 - Tactile indicators

Building selection should be made from building stock which conform to BCA requirements and to Australian Standards. The Tools section of the guidelines provides a Building Selection Criteria Checklist to assist in this regard.

Premises Standard

The development of the Standards is ongoing. A current initiative is for a Premises Standard which sets out specific accessibility requirements for developers, owners and operators of premises. The contents of the Premises Standard will replace the general 'non-discrimination' provision of the DDA in relation to Access to Premises. This means that, for those buildings that are covered by the Premises Standard, meeting its provisions will be sufficient to satisfy the objectives of the DDA. This is a Federal Government initiative yet to be finalised.

Old Buildings

Old building stock may not meet current BCA requirements in relation to access and is very unlikely to meet AS 1428.1 2001 unless it has been recently upgraded. The building owner is required to upgrade when alterations to the premises are made or at other compliance times depending on the type of building. Some buildings are deemed to be too difficult to comply and are exempt (viz):

"The DDA recognises that in certain circumstances, providing equitable access for people with disabilities could cause 'unjustifiable hardship' for an owner or operator of premises. The DDA does not require access to be provided to the premises if it would impose such an 'unjustifiable hardship' on the person who would have to provide the access."


New Buildings

New commercial buildings should meet the relevant codes and basic compliance to the Australian Standards. As the codes are continually developing, however, and it takes a few years to complete a building, it is worth reviewing the "Standards" under which each building was produced.

A general checklist has been included but auditing by a professional is recommended, as it can be a complex review.

Download the New Buildings check list as an excel spreadsheet.

 

Fitout Implications if AS 1428 Part 2 is applied

If Part 2 of the Design for access and mobility AS 1428 is applied to the whole of the premises, then the implications on the internal layout and particularly circulation need to be understood. Such issues include:

  • Clearances in corridors, and between workstations/storage
  • Percentage of circulation/secondary circulation
  • Dimensions for door thresholds/nibs etc
  • Pinch points
  • Increased size of water closets (toilets)


Relevant Links

NSW Anti-Discrimination Act 1977

Disability Discrimination Act 1992

NSW Disability Services Act 1993

Australian Building Codes Board

Building Code of Australia

Australian Standards

Department of Ageing, Disability and Home Care

Anti-Discrimination Board

Office of the Director of Equal Opportunity in Public Employment

NSW Public Sector Personnel Handbook

 


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