Design For Dignity
Retail Guidelines

What are your responsibilities?

Heritage buildings

The AHRC provides good information on the sometimes conflicting pull of heritage value and accessibility.*https://www.humanrights.gov.au/frequently-asked-questions-access-premises
Viewed September 2016

Under the DDA, heritage status is not a defence for conducting business in an inaccessible building. Everyone has the right to dignified, equitable access under the Act. One exemption that is relevant is where making changes to be non-discriminatory would impose ‘unjustifiable hardship’ on the organisation. This is not defined in the DDA and is ultimately up to the Federal Court to decide on a case-by-case basis.

Organisations owning or trading from inaccessible heritage premises should look to cost effective mechanisms to enable alternative access to their premises, goods or services, upgrade their premises or consider moving.

“If heritage buildings are not readily and economically able to be modified to provide equitable access, then unless the heritage value of the building is an essential part of the business, consideration should be given to moving to alternative premises better suited to modern requirements including disability access.”

“Heritage values which might justify preservation of a building do not necessarily justify modern business or government activities being conducted there. After all, the heritage value of premises which failed to meet modern human rights standards in other respects — such as gallows or inhumanely small and dark cells — may require the preservation of the premises, but would not be argued as requiring or justifying their continued use for their original purpose.”