Access to Premises

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. Building access issues also arise under other DDA provisions including in relation to employment, access to services, and accommodation. The Commission has made issues about access to premises one of its major disability rights projects.

Commission resources on the DDA and access to premises:
Draft Disability Standards on 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

Development of disability standards on access to premises

Documents from Australian Building Codes Board including draft standards and guidelines
Australian Federation of Disability Organisations access to premises page
Open letter to local government: September 2007
2006: An opportunity not to be missed: Opinion piece by Commissioner Graeme Innes, 21 January 2006
Building Regulation and equitable access - an Australian view: Michael Small, Senior Policy Officer: January 2006
Effect of draft premises standard on small business: views from Commissioner Ozdowski, October 2005
ABCB Conference 'Building Australia's Future', September 2005, Graeme Innes, Deputy Disability Discrimination Commissioner
Australian Human Rights Commission submission to Productivity Commission review of building regulation (see submission DR60 on list)
Australian Human Rights Commission letter to small business organisations on draft premises standards (May 2004)
Update on progress on access to premises (July 2003)

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)
Advisory Note on Access to Premises
Brief guide: the ins and outs of access
Frequently asked questions
Missed business: a brief guide to access issues for small business (Produced with Marrickville Council)
Accessible events: A guide for organisers (produced with Meetings Events Australia)
Comment on recent VCAT decision in Wellington Street PL v Monash CC [2004] VCAT 295 (20 February 2004)
Tactile signage and wayfinding: comment on coverage in draft premises standard (December 2003)
Advice from Commissioner Sev Ozdowski 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.
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.
Building Regulation and access - an Australian view: Paper prepared July 2003 for UK Centre for Accessible Environments
Initiatives to achieve better access to the built environment: Address given by Deputy Disability Discrimination Commissioner Graeme Innes AM to the Queensland Division of the Property Council of Australia 11 May 2000.
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.
The good, the bad and the ugly: These photographs provide 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

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" )

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.