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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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