Design For Dignity
Retail Guidelines

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.
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.
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.

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
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.