Access to Premises

The Australian Human Rights Commission has made issues about access to premises one of its major disability rights projects.

Section 23 of the Disability Discrimination Act makes it unlawful to discriminate on the grounds of disability in providing access to or use of premises that the public can enter or use.

For new building approvals or upgrades from May 2011 on, there are more specific Premises Standards (see below for more information).

Building access issues also arise under other DDA provisions including in relation to employment, access to services, and accommodation.

Disability Standards on access to premises
Commission resources on the DDA and access to premises:
Other Australian resources
US Access Board guidelines
Sites in other countries
Accessible and adaptable housing
Children's play areas
Accessible pedestrian environments

Disability standards on access to premises

Text of the Standards and background material (Attorney-General's Department site
Commission Guidelines on the Standards: MS Word format or PDF format
Commission FAQ on the Standards
Webcast of Commission / ABCB seminar on the Standards . Also available: Powerpoint slides from webcast: Part 1 (PPT) | Part 2 (large file 6MB PPT)

After more than 10 years of negotiations, the Australian Government has introduced new standards for access to buildings for people with disability. The standards, approved by the Parliament in November 2010, and entering into force in May 2011, clarify how to ensure buildings are accessible to people with disability and meet the requirements of discrimination law.

The completion of this project will ensure that over time buildings in Australia become more accessible, and more useful to an ageing population. More accessible buildings will assist in achieving equal participation for people with disability in employment, education, access to services, and other areas of participation in economic, social and cultural life.

From 1 May 2011, any new building open to the public, or existing buildings undergoing significant renovation, is required to comply with the standards. The Commission is providing training to the building industry in the lead up to this commencement date.

During the launch of the standards the Attorney General thanked the Commission for its outstanding contribution throughout this process. The Commission acknowledges in particular the work of Mr Michael Small, formerly Senior Policy Officer with its Disability Rights Team..

Archive documents on the Background and history of development of the standards

Other Commission resources

Guidelines on access to buildings and services ( Updated April 2008)
"The good, the bad and the ugly: design and construction for access" (Updated 2008) : photographs and commentary providing examples of some good design and construction features of buildings and services - and some not so good! If you come across other examples please forward an electronic copy to disabdis@humanrights.gov.au
Advisory Note on Access to Premises - revision pending
Brief guide: the ins and outs of access
Frequently asked questions n access to premsies
Missed business: a brief guide to access issues for small business (Produced with Marrickville Council)
Accessible events: A guide for organisers (Meetings Events Australia)
Tactile signage and wayfinding: comment on coverage in draft premises standard (December 2003)
Advice on local government liability for permitting inaccessible development (10 July 2001)
The Commission also considers questions about access to and use of premises when it deals with formal complaints under the Disability Discrimination Act. See the Commission s decision in Cooper v. Holiday Coast Cinema Centres Pty Ltd and the explanatory note about a related case and the responsibilities of local government.
Comment on VCAT decision in Wellington Street PL v Monash CC [2004] VCAT 295 (20 February 2004)
Aspects of the law are sometimes clarified when the President of the Commission decides to terminate investigating a complaint. A selection of termination decisions on access to premises are now available
Summaries of conciliated outcomes in complaints on access issues are also available.
Most Disability Discrimination Act Action Plans address access to and use of premises. A list of plans lodged with the Commission is presented in our Action Plan Register.

Other Australian resources

Australian Building Codes Board. The Board's site provides a number of important documents that describe changes to the Building Code that will improve access for people with disabilities.
Standards Australia is the peak standards writing body in Australia. Its work on technical specifications is central to the reform of the Building Code.
Association of Consultants in Access : site includes directory of access consultants.
Australian Local Government Association including links to local government sites around Australia and Accessible Communities publication RTF or PDF (large file 23.6 MB)
Access awareness booklets from Access Audits Australia : range of handbooks available for order including checklists and audit resources
W.A. Disability Service Commission access resource kit with checklists
Australian Federation of Disability Organisations accessible events guide (MS Word)
Municipal Association of Victoria access and mobility page
" Better physical access": Commonwealth Office of Disability publication
Designing buildings for people who are blind or vision impaired : Vision Australia
Improving access to heritage buildings : Australian Heritage Commission
Hotel and Motel Association of Australia code of practice on hearing access; and hotels with captions guide
Accessible Sydney portal
accessibility.com.au : News and information site on accessibility issues including Access guides for Sydney | Melbourne | Brisbane |
Other on line access guides: Brisbane | Sydney - see also Sydney WebMaps including access maps and Perth access map
QADT decision in Cocks v Queensland (Convention Centre case)
QADT decision on access to common areas: C v A (September 2005) (decision under Qld AntiDiscrimination Act
QADT opinion on local government imposing access conditions additional to the Building Code
QADT opinion re unjustifiable hardship and guesthouse access
QADT opinion re non-discriminatory theatre fitout
Australia for all accessible tourism page

US Access Board guidelines

The US Access Board site provides access to the Americans with Disabilities Act Accessibility Guidelines and other documents including guidance material on accessible sidewalks and public rights of way, accessible recreation facilities such as golf courses, sports facilities, beaches and camping areas and guidelines for accessible play areas. While the Guidelines are issued by reference to the US legislation rather than the DDA, reference to these Guidelines may assist when designing and constructing facilities.

Footpaths

Access Board Guidance on Accessible Rights-of-Way
"Designing Sidewalks and Trails for Access" : Federal Highway Administration . ( See also the Commission's FaQ on the DDA and footpath use" )
Videos on footpath access: These short videos provide practical information on some of the key access barriers people with a disability face when using the footpath. Some of the technical requirements referred to may not be the same as required in Australia but they provide a useful reference for those responsible for footpaths.

Accessible Recreation Facilities

Sites in other countries

Work to improving access to premises in Australia benefits from knowledge of the latest developments around the world. The following sites are all important sources of information.

Accessible and adaptable housing

The DDA does not cover housing issues as comprehensively as it covers access to public premises, but does apply in some situations including public housing. The Commission is involved in efforts to achieve clearer standards on ensuring housing is available which is accessible or at least adaptable in future to meet access needs.