Access Resource Kit (ARK) - Disability Services Commission

LEGISLATION CODES & STANDARDS
There are various pieces of legislation that protect and promote the rights of people with
disabilities as well as codes and standards that relate to the development of buildings
and facilities.
Legislation
Various pieces of relevant legislation have been enacted since the United Nations
International Year of Disabled Persons in 1981. These Acts include:
the Equal Opportunity Act (Western Australian 1984 - amended 1988);
the Western Australian Disability Services Act (1993); and
the Commonwealth Disability Discrimination Act (1992) (DDA).
A summary of these Acts is contained in Appendix B, Part 4 of the Access Resource Kit
and also within the resource Buildings – A Guide to Access Requirements.
It is important that service providers and developers are aware of their legislative
responsibilities concerning the provision of access.
IMPORTANT INFORMATION CONCERNING MEETING ACCESS REQUIREMENTS
IN THE BUILT ENVIRONMENT
The Disability Discrimination Act (DDA) and the Human Rights Australia (You may
wish to change this) Commission Advisory Notes on Access to Premises
The Human Rights Australia Commission (HRAC) has released Advisory Notes on
Access to Premises. These Advisory Notes do not have the force of law. They have
been prepared by the Commissioner to assist people to understand their already
existing responsibilities and rights under the DDA. It is recommended that all those
responsible for the design and construction of building works follow the advisory notes.
Copies of the Advisory Notes can be obtained from www.humanrights.gov.au/
disability_rights/standards/access to premises.
Building Code of Australia (BCA)
The BCA references various Australian Standards and Codes to provide technical
building requirements. Standards referenced by the BCA have legal application to
ensure that minimum requirements for health, safety and amenity in relation to buildings
are maintained. Part D3 of the BCA, titled “Access for People with Disabilities”
determines which buildings must comply with the access requirements currently
referenced by the BCA.
Buildings and Facilities Checklist – Towards Best Practice (Aust Standards updated
February 2011) 3.4