An accredited certifier or FY2011-12 2 considered – the Access Advisory Panel and approved No specific provisions in established by the Building NSW FY2012-13 1 considered – building legislation. Professionals Board may and approved assess cases of FY2013-14 - none unjustifiable hardship. The Building Appeals Board may hear appeals against certification 3 cases heard only one – No specific provisions in NT decisions and evaluate supported (commercial building legislation. assessment methods to premises). arrive at Alternative Solutions An Access Panel provides advice to building certifiers No specific provisions in Qld on Alternative Solutions or Not available building legislation. advice on unjustifiable hardship Two applications: a retrofit of a storage facility to student accommodation Sections 80 (3) and (claimed unjustifiable The Building Rules 80A(2) of the hardship on financial Assessment Commission grounds) - unsuccessful SA Development Regulations considers cases of 2008 makes reference to the conversion of a unjustifiable hardship unjustifiable hardship. storage facility to a small bar, (claimed unjustifiable hardship on heritage grounds) - successful Section 218A(3) of the The Tasmanian Resource Building Act 2000 states Management and Planning that an application must Appeals Tribunal, via a be made on the ground One application was 2012 Amendment to the TAS that compliance with a lodged, and later Building Act 2000, access provision of the withdrawn. determine applications for BCA impose cases of unjustifiable unjustifiable hardship on hardship. the applicant. Building Regulation 116 Applications for cases of FY 2011/12 = 23 cases aligns the operations of unjustifiable hardship can VIC FY 2012/13 = 19 the regulations with the be made to the Building FY 2013/14 = 16 cases Premises Standards. Appeals Board. No Access Panel or No specific provisions in equivalent has been Nil WA established Source: state and territory jurisdictions As can be seen from Table 3, the jurisdictions have taken different approaches to handling cases of unjustifiable hardship. South Australia, Victoria and Tasmania have amended their legislation to recognise unjustifiable hardship in their building regulations and have established mechanisms to assess such cases. Neither the Australian Capital Territory’s nor Western Australia’s building
NSW No specific provisions in building legislation. An accredited certifier or the Access Advisory Panel established by the Building Professionals Board may assess cases of unjustifiable hardship. FY2011-12 – 2 considered and approved FY2012-13 – 1 considered and approved FY2013-14 - none NT No specific provisions in building legislation. The Building Appeals Board may hear appeals against certification decisions and evaluate assessment methods to arrive at Alternative Solutions 3 cases heard – only one supported (commercial premises). Qld No specific provisions in building legislation. An Access Panel provides advice to building certifiers on Alternative Solutions or advice on unjustifiable hardship Not available SA Sections 80 (3) and 80A(2) of the Development Regulations 2008 makes reference to unjustifiable hardship. The Building Rules Assessment Commission considers cases of unjustifiable hardship Two applications: a retrofit of a storage facility to student accommodation (claimed unjustifiable hardship on financial grounds) - unsuccessful the conversion of a storage facility to a small bar, (claimed unjustifiable hardship on heritage grounds) - successful TAS Section 218A(3) of the Building Act 2000 states that an application must be made on the ground that compliance with a access provision of the BCA impose unjustifiable hardship on the applicant. The Tasmanian Resource Management and Planning Appeals Tribunal, via a 2012 Amendment to the Building Act 2000, determine applications for cases of unjustifiable hardship. One application was lodged, and later withdrawn. VIC Building Regulation 116 aligns the operations of the regulations with the Premises Standards. Applications for cases of unjustifiable hardship can be made to the Building Appeals Board. FY 2011/12 = 23 cases FY 2012/13 = 19 FY 2013/14 = 16 cases WA No specific provisions in No Access Panel or equivalent has been established Nil Source: state and territory jurisdictions As can be seen from Table 3, the jurisdictions have taken different approaches to handling cases of unjustifiable hardship. South Australia, Victoria and Tasmania have amended their legislation to recognise unjustifiable hardship in their building regulations and have established mechanisms to assess such cases. Neither the Australian Capital Territory’s nor Western Australia’s building
review_of_the_disability_access_to_premises-buildings_standards_2010_report.docx