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Readers of information
about buildings infrastructure and precincts are advised to
acknowledge the hierarchy of law that applies in Australia in
relation to the built environment In 2004 the order is as follows
The Disability
Discrimination Act 1992 (DDA )The DDA is a fundamental law of the
Commonwealth. As far as it deals with access to and use of public
buildings, it is entitled to primacy over any conflicting state or
territory laws The Act is administered by the Human Rights and Equal
opportunity Commission Sydney
Similar legislation is in
place in each of the States and Territories. For example, Queensland
has its own Anti Discrimination Act
(see below)
DDA Advisory Notes on Access to Premises In a built environment
context, the Disability Discrimination Act is interpreted through the DDA Advisory Notes on Access to Premises. The Human Rights and Equal
Opportunity Commission produced the Notes to inform and
educate the
community
about the requirements of the legislation in the hope people would
understand their rights and responsibilities. Legal jurisdictions
use the Notes (25 pages) to determine outcomes when dealing with
complaints. Please note the DDA overrides the Building Code of
Australia when the two do not align on a particular issue
The DDA Accessible Public
Transport Standard 2002 This Standard is significant in its
prescription for pedestrian access and way finding where transport
and transport infrastructure is involved
Queensland
Anti‑Discrimination Act 1991 (QADA) This Act also prohibits
discrimination on any grounds. The Act is administered by the Anti
Discrimination Commission of Queensland, Brisbane, with offices in
Cairns, Townsville and Rockhampton. The Commission has
excellent information references and
has produced helpful booklets dealing With Goods and
Services, Accommodation Employment and Education
The Building Code of
Australia (BCA) The Building Code of Australia (BCA) in conjunction
with the DDA, applies to new buildings and buildings undergoing
refurbishment or change of use The BCA is a comprehensive statement
about minimum technical requirements relevant to the design and
construction of buildings and other related structures.
Please note in it's 1996
amendments, the BCA advises the DDA takes precedence in law when the
two do not align.
The Queensland Building Act 1975 The Queensland Building
Act (QBA) 1975. requires that all new building work and all
alterations to existing buildings must be compliant with the
Standard Building Regulation ‑ 1993, of which the Building Code at
Australia (BCA) is a part
New legislation in the making
A draft DDA Access to Premises Standard which seeks in align
the Disability Discrimination Act and the Building Code of Australia
is being reviewed to be presented to Federal Parliament for
legislation in the future (2006?) The Standard is expected to embody
the existing DOA Advisory Notes on Access to Premises
A clarification about
Australian Standards
Of themselves, Australian Standards are not
pieces of law and have no legal standing. They are opinions, best
described as informative when they are called up by a referencing
authority, for example, the DDA or the BCA, only then do they have
legal standing ‑ standing that is equal to the referencing
authority. Further, it is essential to note that one cannot simply
select the latest (chronologically speaking) standard put out by the
publishing house, Standards Australia, one must identify the
standard specified by the referencing authority e.g. DDA, BCA, to
meet each individual design requirement. Please note that Standards
Australia identifies in particular standards their prescribed design
outcome meets a minimum requirement only. Users are entitled to
deliver better than minimum. |