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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-07-27 Daily Xml
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DEVELOPMENT (BUILDING RULES CONSENT—DISABILITY ACCESS) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (22:37): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Since the Commonwealth Disability Discrimination Act 1992 (the DD Act) came into force in March 1993, complaints to the Australian Human Rights Commission have shown inconsistencies between the requirements of anti-discrimination law and building law in Australia. This has continued to cause difficulty for the building industry.

In 2000 the Commonwealth Government amended the DD Act to allow for the development of disability standards for access to premises. In 2001 the Australian Building Codes Board was asked to develop a proposal for technical requirements which could form the basis of these Premises Standards. Standards were developed and endorsed by the Commonwealth House of Representatives Standing Committee on Legal and Constitutional Affairs. The Committee reported to the Commonwealth Parliament on 15 June 2009.

It is intended that the 2011 version of the Building Code of Australia will incorporate the requirements under the Premises Standards through identical technical provisions and these will apply to most Building Code of Australia building classes. This includes office blocks, education facilities, retail outlets, entertainment venues and buildings used for commercial activities. The Premises Standards do not cover detached private residences, apartment blocks and flats which are not used for short-term rent, or a private residence attached to a building of a different classification, such as a caretaker’s residence.

The Premises Standards set performance requirements and provide references to technical specifications to ensure dignified access to, and use of, buildings for people with a disability. They clarify the general non-discrimination provisions of the DD Act in relation to the design, construction and management of buildings.

Complying with the Premises Standards satisfies the DD Act non-discrimination requirement for the matters covered by the Standards. If a person acts in accordance with the requirements of the Premises Standards, a successful complaint cannot be made in relation to that action under the DD Act. Accordingly, compliance with the Building Code of Australia will ensure the same level of protection. The purpose of the Premises Standards is to ensure greater and dignified access to, and use of, buildings for people with a disability and also provide greater certainty to the building industry, particularly where an applicant is seeking to upgrade or extend an existing building. The Standards set performance requirements and technical specifications for non-discriminatory access and provide a practical and on-going means to improve building access. The Standards achieve this by requiring that all new buildings, as well as upgrades or extensions to existing buildings requiring building approval, meet these Standards.

As a consequence of the national approach to this issue technical amendments to the Development Act 1993 are required to ensure the legislative framework supports the introduction of the Disability (Access to Premises—Buildings) Standards 2010 (Premises Standards), prepared under the Commonwealth Disability Discrimination Act 1992.

The specific amendments to the Act are:

Clause 4—includes a new definition of affected part to define the areas of a building that are necessary to provide a person with a disability with a continuous path of travel from the principal pedestrian entrance of the building to the location of the proposed new building work.

Clause 5—a number of technical amendments to ensure the performance requirements of the Building Code in relation to people with disabilities apply when existing buildings are upgraded.

I commend this Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Development Act 1993

4—Amendment of section 4—Interpretation

This clause inserts a new definition of affected part for the purposes of the proposed amendments to section 53A. It is proposed that an affected part of a building (in relation to which building work is to be carried out) will be the principal pedestrian entrance of the building and any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the location of the building work.

5—Amendment of section 53A—Requirement to up-grade building in certain cases

This clause amends section 53A, in relation to the application of subsection (1), by deleting the provision of a prescribed date in the section and replacing it with reference in subsection (1) to a prescribed date that is to be prescribed by regulation.

This clause also amends section 53A(2) of the Act in light of changes to the Building Code relating to access and facilities for people with disabilities. Currently, a relevant authority may require additional building work where prescribed building alterations are undertaken and building access and facilities for people with disabilities within any other part of the building are inadequate. This clause proposes to amend the section so that the relevant authority may, when prescribed building alterations are undertaken, require additional building work in the affected area of the building if the affected area does not comply with the performance requirements of the Building Code. The restriction on the section only applying to buildings constructed before 1 January 1980 is to be deleted.

The clause also inserts a new subsection (3) providing for the regulations to specify circumstances in which a relevant authority may not require building work or other measures, or a specified kind of building work or measure, to be carried out under subsection (2).

Debate adjourned on motion of Hon. J.M.A. Lensink.

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