Open letter to all Local Government Authorities

Dear Mayor

I recently had the opportunity to address participants in the ALGA National Local Roads and Transport Congress on the role of local government in responding to the mobility and access needs of people with a disability.

Following the Congress it occurred to me that this would be a good time to write directly to all Local Government Authorities in Australia to update you on a number of issues the Commission is working on and alert you to a number of resources I believe will be of interest to you.

Development of Premises Standards

As you will be aware work has been undertaken on revising the current disability access provisions of the Building Code of Australia (BCA) and the development of a Disability Discrimination Act Disability Standard on Access to Premises (Premises Standard).

This work will have many important consequences for Councils. First the proposed new BCA and Premises Standard will apply to all new and significantly renovated Council owned and operated buildings. Second the changes to the BCA will have to be applied and monitored through relevant planning and building approval processes.

Completion of this project may result in the need for a review of existing Council policies and practices and the implementation of training programs to ensure Council staff are able to respond effectively to the changes. I would refer you to the following documents for further information on this issue:

In 2004 a draft Premises Standard was made available for public consultation and subsequently a number of changes were proposed. Agreement could not be reached on the proposed changes and so eventually in mid 2006 the Australian Building Codes Board presented its recommendations to the Federal Attorney General and Minister for Industry, Science and Resources for their consideration.

We are still awaiting news on whether the Government proposes to proceed with the Premises Standard and if so what the final content will be.

Finalising the Premises Standard will address the current inconsistencies and confusions between building law and discrimination law and I would urge you to actively support the completion of this project.

In the meantime those responsible for the design, construction, certification and operation of buildings are advised to address their responsibilities under the DDA with reference to the Commission's Advisory Note on Access to Premises.

New Commission resources

A new Commission resource that I think will be of particular interest to Council planning and building sections is a CD titled The good, the bad and the ugly .

The good the bad and the ugly looks at thirteen examples of common mistakes made in applying today's BCA in areas such as handrails on stairs, use of Tactile Ground Surface Indicators, signage, visual indicators on glazing and kerb rails on ramps.

The purpose of this resource is to draw attention to the fact that the technical specifications referenced in the BCA are there for a reason and failure to apply them has serious consequences for people with a disability.

The good the bad and the ugly could be used as a self learning tool or as an in-house continuing education program for planners, building certifiers or any staff involved in monitoring or assessing compliance with the BCA or Council's access policies.

It would also be particularly useful for designers, builders, building managers, fit-out specialists, access consultants or advocates interested in access issues and I would urge you to obtain multiple copies and provide them to designers, builders and certifiers who operate in your Council area. I would also ask you to draw your Access Committee's attention to the CD if you have one.

The CD is free and can be obtained from publications@humanrights.gov.au . The content is also online on the Commission's website.

A copy of the Commission's Guidelines on access to buildings and services is also included on the CD. The guidelines are aimed at businesses, service providers, Government agencies, property managers and anyone involved in the purchasing, leasing or assessment of property. The aim of the guideline is to assist in identifying possible barriers to buildings and services and direct people to resources and expertise to address those barriers.

Finally I would like to draw your attention to a booklet the Commission developed in partnership with Marrickville Council called Missed Business . This booklet encourages small businesses to improve access to their goods and services. A number of Councils around the country have already obtained copies of the free CD of Missed Business and developed their own local edition for distribution to small businesses in the area. For more information on this see our website.

Accessible public transport standards

As I am sure you are aware, Councils have some direct responsibilities under the Accessible Public Transport Standards, including where the Council itself provides a public transport service, and where the local government has responsibility for infrastructure, such as bus stops.

Where Councils actually provide public transport services the Standards clearly state that any new conveyances purchased after 2002 had to comply with the technical specifications for access. Existing conveyances are required to be replaced or retrofitted progressively over a 20 year period with 25% being required to be accessible by December 2007.

Bus stops are a critical part of the infrastructure of a public transport service. If they are not designed and maintained in a way that allows a person with a disability to access them and then access a bus or coach the transport system as a whole is not accessible.

In most areas the Council is wholly or partly responsible for the provision of bus stops and waiting areas if provided.

New bus stops and associated waiting areas, where provided, must comply with the Standard, as should existing bus stops that undergo substantial refurbishment or alteration. In addition 25% of existing bus stops must comply with the Standard by December 2007.

Unfortunately a recent survey undertaken in one State suggested that very few Councils were fully aware of their responsibilities in this area, and even fewer had taken steps to address their responsibilities through budgetary planning.

There are of course many issues that need to be addressed in making a bus stop accessible. While the Standard provides technical details for the component parts it must be acknowledged the considerable topographical and climatic differences around Australia make it inevitable that there has to be an element of interpretation and invention in applying the Standard.

I have issued an opinion on the application of the Standard to bus stops which is on our website..

I recognise the critical role of Local Government in the lives of all Australians and hope that the issues and resources detailed in this letter will assist you to ensure that the 20 percent of Australians with a disability are fully included in your activities and communities.

If you would like discuss any of the issues raised in this letter please contact Michael Small in the Disability Rights Unit at michaelsmall@humanrights.gov.au

Yours sincerely

Graeme Innes AM

Human Rights Commissioner and Commissioner responsible for Disability Discrimination

3 September 2007