Answers to Questions

Shopping Centre Disability Access

332 The Hon. T.A. FRANKS ().7 March 2024).

1. How many of our shopping centres do not have safe or proper access, to and within, for people with disabilities?

2. How does Equal Opportunity SA follow up on complaints logged through the Disability Access Reporting Tool on the Equal Opportunity SA website?

3. Will the Malinauskas government commit to an audit of South Australian shopping centres to ensure they are fit for purpose and safe and proper for people with disabilities?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): In response to part I, the Minister for Planning and Urban Development has advised:

The information requested is not collected (or required to be collected) by any state or local authority and is therefore unable to be provided.

Accurate data about the number of shopping centres that exist in South Australia is unavailable.

However, the Planning, Development and Infrastructure Act 2016 which is the legislation thatregulates the design, construction andmaintenance of buildings, requires that new buildings be assessed against the Planning and Design Code and the Building Code, which includes the minimum standards for access to and within buildings, including shopping centres, for people with a disability.

Councils have the authority to inspect building work during construction to ensure compliance with approved documentation, including that the necessary access for people with disabilities is provided. However, the ongoing statutory monitoring of existing buildings (and any related data collection) is risk based and is limited to the fire safety aspects (such as sprinklers). This monitoring function, which can result in a building being upgraded, is undertaken by councils' building fire safety committees.

In response to part II, the Attorney-General has advised:

The Disability Access Reporting Tool (DART) is an online form developed by Equal Opportunity SA to empower those who experience disability discrimination in public venues to exercise their rights and complain directly to service providers. It was created as an alternative (or precursor) to making a formal complaint to Equal Opportunity SA.

Prior to completing the form, users are told that an email will be sent to the venue operator informing it of their concerns, and their accessibility rights as a person with a disability.

Users are also informed that by completing the DART they are not making a complaint to Equal Opportunity SA, and that it will not act on the information provided. However, users are also provided with a link to the 'Making a Complaint' page of Equal Opportunity SA's website should they prefer to make a formal complaint on which action can be taken.

In response to part III, the Minister for Human Services has advised:

While there is no arrangement for a proactive audit of shopping centres, a range of public premises–including shops, cinemas, restaurants, theatres and other places–are subject to various regulatory systems linked to accessibility. At the point of construction, these include the National Construction Code along with Ministerial Building Standards while renovations or changes of use during the life of a building may trigger requirements for improved disability access under the Planning, Development and Infrastructure Act 2016. The Minister for Health has also established an enforceable code under the South Australian Public Health Act 2011, the Code of Practice for the Provision of Facilities for Sanitation and Personal Hygiene, that provides additional requirements relating to disability accessible bathrooms in public places.

In addition to state instruments referred to above, the commonwealth's Disability Discrimination Act 1992makes it unlawful to discriminate against a person because of disability when providing goods, services or facilities, or access to public places.

Concerns regarding individual premises may be raised with the South Australian Equal Opportunity Commission, the Australian Human Rights Commission and various other bodies depending on the nature of the concern.

Concerns that a building fails to meet relevant building standards should be reported to the relevant local council. In addition to formal compliance arrangements to manage circumstances where access is not up to standard, informal tools such as DART help people to share information about access issues. The Pavely App, developed with financial backing from the Government of South Australia, also provides a platform for members of the community to recognise, promote and celebrate businesses and public facilities that are disability friendly or exceed regulatory requirements.

Both the Australian Human Rights Commission and the Code of Practice for the Provision of Facilities for Sanitation and Personal Hygiene note that places that are compliant with disability access requirements, such as Australian Standards 1428.1 and 1428.2 may be rendered inaccessible by the areas then being used for storage or other purposes that impede access. This highlights the importance of the community reporting issues and concerns noting that a proactive audit, even it confirms compliance with relevant building standards at a point in time, may not indicate facilities and spaces are genuinely accessible due to poor use or management.