Appendix
Obligations Summary
Jurisdiction |
Responsibility |
International |
- UN Convention on the Rights of Persons with Disabilities (2008).
- Australia is a signatory along with 157 other countries.
- Doesn't impose obligations on Australian business except to the extent that businesses choose to, or it is picked up in Australian Legislation such as the DDA.
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Federal Government |
- Disability Discrimination Act 1992
- Prohibits discrimination against people with disability with specific comments on premises, provision of goods and services and a range of other matters.
- Allows the government to set ‘disability standards’. These have been on Premises, Transport and Education.
- Disability (Access to Premises — Buildings) Standards 2010.
- “Premises Standards.”
- Covers building access requirements for people with disability.
- Applies to new buildings and approvals after 1 May 2011.
- Existing buildings that have not had a building approval for renovations or works are still subject to the DDA.
- Makes mandatory certain Australian Standards.
- Makes some concessions that are not in the Building Code of Australia.
- Complying with the Premises Standards provides protection against discrimination claims in the area that is compliant.
- Disability Standards for Accessible Public Transport, 2010
- “Transport Standards.”
- Requires that transport premises and associated infrastructure as well as ‘conveyances’ (buses, trains, aircraft etc) are accessible, to what standard and over what time frames.
- References and makes mandatory certain Australian Standards.
- Effective from 23 October 2002.
- Complying with the Transport Standards provides protection against discrimination claims in the area that is compliant.
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State and Territory Governments |
- Building Code of Australia (2016).
- Aligns to Premises Standards from 1 May 2011.
- Whilst it is the Build Code of Australia it is actually empowered by State and Territory legislation.
- Mandates a range of Australian Standards which provide detailed technical advice.
- Performance based systems which means that it sets high level guidance and allows compliance through meeting specified standards or providing ‘performance solutions’.
- Anti-Discrimination Acts.
- Australian Capital Territory — Discrimination Act (1991).
- New South Wales — NSW Anti-Discrimination Act (1977).
- Northern Territory — Anti-Discrimination Act (2011).
- Queensland — Anti-Discrimination Act (1991).
- South Australia — SA Equal Opportunity Act (1984).
- Tasmania — Anti-Discrimination Act (1998).
- Victoria — Victorian Equal Opportunity Act (2010).
- Western Australia — Western Australia Equal Opportunity Act (1984).
- Various State Legislation and Regulation (Too many to list).
New South Wales
- Environmental Planning and Assessment Act 1979 No 203.
- State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
- Heritage Act 1977
Victoria
- Planning and Environment Act 1987.
- Building Act 1993.
- Environment Effects Act 1978.
- Heritage Act 1995.
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Australian Standards
- AS1428.1 Design for access and mobility: General requirements for access — New building work.
- AS 1428.2 Enhanced and additional requirements for access — building and facilities (Only in Public Transport buildings).
- AS/NZS 1428.4.1 Tactile Indicators.
- AS 1735.12 Lifts, Escalators and Moving Walkways.
- AS/NZS 2890 Part 6 Parking Facilities
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Local Government |
These are also many and varied but include things like:
- Local planning policies and guidelines.
- Footpath dining / trading licensing and policies.
- Regulations on use of A Frame boards and advertising.
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