A.2 Section 23 of the DDA covers access to premises and makes it unlawful to discriminate against a person with disability in relation to access to, or use of, premises. Other areas of public life protected by the DDA may also require discriminatory access to premises to be provided, including in employment, education, the provision of goods, services and facilities, accommodation, membership of clubs and unincorporated associations, and in the administration of Commonwealth laws and programs. While section 23 of the DDA states it is unlawful to discriminate it does not provide information to people responsible for buildings to assist them to design, construct or manage buildings in ways that do not discriminate. Subsection 31(1) of the DDA, however, allows the Minister responsible for the DDA to develop disability standards. It is unlawful to contravene a disability standard. Disability standards, and in this case the Premises Standards, effectively codify the general non-discrimination requirements of the relevant parts of the DDA. If a building complies with the Premises Standards those responsible for the building cannot be subject to a successful complaint of unlawful discrimination under the DDA in relation to the matters covered by the Premises Standards. Note on continuing application of the DDA in relation to matters not covered by the Premises Standards It is important to note that complying with the Premises Standards does not mean those responsible for buildings are fulfilling all their responsibilities in relation to possible discrimination under the DDA. Section A5 below identifies a number of areas where complaints of discrimination may still be made in relation to the use of buildings even if the Premises Standards has been complied with. A.3 The purpose of the Premises Standards is to both:
A.2 Section 23 of the DDA covers access to premises and makes it unlawful to discriminate against a person with disability in relation to access to, or use of, premises. Other areas of public life protected by the DDA may also require access to premises to be provided, including in employment, education, the provision of goods, services and facilities, accommodation, membership of clubs and unincorporated associations, and in the administration of Commonwealth laws and programs. While section 23 of the DDA states it is unlawful to discriminate it does not provide information to people responsible for buildings to assist them to design, construct or manage buildings in ways that do not discriminate. Subsection 31(1) of the DDA, however, allows the Minister responsible for the DDA to develop disability standards. It is unlawful to contravene a disability standard. Disability standards, and in this case the Premises Standards, effectively codify the general non-discrimination requirements of the relevant parts of the DDA. If a building complies with the Premises Standards those responsible for the building cannot be subject to a successful complaint of unlawful discrimination under the DDA in relation to the matters covered by the Premises Standards. Note on continuing application of the DDA in relation to matters not covered by the Premises Standards It is important to note that complying with the Premises Standards does not mean those responsible for buildings are fulfilling all their responsibilities in relation to possible discrimination under the DDA. Section A5 below identifies a number of areas where complaints of discrimination may still be made in relation to the use of buildings even if the Premises Standards has been complied with. A.3 The purpose of the Premises Standards is to both: discriminatory
PremisesStandardsGuidelineV2.docx