Disability Discrimination Act 1992

One of the most recent and influential pieces of Federal government legislation concerning disabled access is the Disability and Discrimination Act 1992, which aims to remove physical barriers and improve access for all to public buildings. This legislation is now mandatory. Every new building to be constructed and those receiving upgrades or refurbishment, must comply with the DDA provisions of independence, equality and functionality, so read on to see how The Platform Lift Company can help you!

How does it affect your business?

It is estimated that one in five people in Australia (3,958,300 or 20.0%) had a reported disability (ABS 2003) yet it is only in the last 5 years that provisions for a sufficient level of accessibility have been made, post the Sydney Olympics of 2000.

The 1992 Disability Discrimination Act was the first of its kind to call for gradual improvements in the way that the owners and property managers of public buildings achieved equal access for all members of the public.

All public access buildings must now comply with the DDA. This includes Offices, Restaurants, Public Buildings, Shops, Leisure Facilities, Educational establishments, Places of Worship, Nursing Homes and Public Transport.

Improvements to access to upper floor levels, multi-levelled surfaces, and items that may be too high to reach for the wheelchair user, are all examples of issues that need to be addressed.

Service Providers now have an obligation to make reasonable adjustments to their premises to overcome physical barriers.

People who design, build, own, manage, lease, operate, regulate and use premises already have responsibilities and rights under the DDA. The DDA states that failure to provide equal access is unlawful, unless to do so would impose an unjustifiable hardship.

Frequently Asked Questions

What is the Disability Discrimination Act (DDA) 1992?

The Disability Discrimination Act 1992 (DDA) is about providing a fair go for Australians with disabilities. Its focus is on addressing the physical and attitudinal barriers that prevent people with disabilities from making the most of their abilities and participating more fully in the community. This benefits both people with disabilities and the Australian community.

The DDA makes it generally unlawful to discriminate against people because of disability. It has three objectives, which in summary are:

to eliminate ‘as far as possible’ discrimination on the ground of disability
to ensure ‘as far as practicable’ equality before the law for people with disabilities
to promote community acceptance of the rights of people with disabilities.

Eliminating discrimination

The first objective of the DDA is to eliminate discrimination ‘as far as possible’.
The DDA aims to end the discrimination which many disabled people face. It is unlawful to discriminate in the following areas of activity:

employment
education
access to premises used by the public (including public transport)
provision of goods, services and facilities
applications for accommodation (for example, renting)
disposal of land
activities of clubs and associations
sport
administration of Commonwealth laws and programs
requests for information.

When do the DDA requirements have to be implemented?

Now.

Do I have to make physical changes to my premises?

In most cases yes, the DDA states that failure to provide equal access is unlawful.

Two sets of law covering access to buildings, DDA and BCA (Building Code of Australia).

There are two types of law that cover access to buildings and facilities within them, the Building Code of Australia (BCA) and anti-discrimination law such as the Disability Discrimination Act 1992 (DDA).

Compliance with the BCA does not necessarily mean the building complies with the requirements of the DDA or State and Territory anti-discrimination laws.

How can I judge when my services are unreasonably difficult for disabled people to use?

People who design, build, own, lease, operate or manage premises should achieve equitable access for people with disabilities by ensuring all parts of premises to which the public is entitled or allowed to enter or use are connected by a network of continuous accessible paths of travel. You should consider whether the time, inconvenience, effort or discomfort involved for a disabled person to use your services would be considered unreasonable by able bodied people if they experienced the same difficulties. All users should be able to access and use any controls used by the public, such as door handles, power switches, card slots, keys pads and buttons.
Access to premises

It is unlawful for a person to discriminate against another person on the ground of the other person’s disability or a disability of any of that other person’s associates:
by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or
in the terms or conditions on which the first‑mentioned person is prepared to allow the other person access to, or the use of, any such premises; or
in relation to the provision of means of access to such premises; or
by refusing to allow the other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or
in the terms or conditions on which the first‑mentioned person is prepared to allow the other person the use of any such facilities; or
by requiring the other person to leave such premises or cease to use such facilities.

So what am I actually required to do?

If it is impossible or unreasonably difficult for disabled people to use your services you are required to:

“take reasonable steps to change your practices, policies or procedures; or provide a reasonable alternative method of making your services available to disabled people.”

What kind of businesses will need to meet DDA requirements?

All business’s, shops, banks, hotels, pubs, restaurants, cafes, hairdressers, opticians, high street services such as travel agents, insurance agents etc., theatres, cinemas, leisure facilities - any building that caters for the public.

Is any service provider excluded?

The DDA applies to all service providers, there is no exemption on the basis of size.

Very few disabled people use our services, so is adapting my premises really necessary?

There are over 3 million disabled people in Australia and they have considerable collective spending power. Any adjustments you make for disabled people may also benefit other customers and your staff. You will also retain the goodwill of disabled people and their families and friends. One in four customers is disabled or close to someone who is. In addition you will avoid the risk of legal action against you.

What happens if I fail to make reasonable adjustments?

You might be breaking the law. A disabled person can make a claim against a provider whose services are impossible or unreasonably difficult for him or her to access.

The Human Rights & Equal Opportunities Commission, through a "consumer complaint" process enforces the DDA provisions.

Checklist of Good Practice

Listed below are some steps to guide you towards meeting the requirements of the Disability Discrimination Act, as well as meeting your legal obligations.

Think and plan ahead to meet the requirements of your disabled customers.
If in doubt, ask disabled people themselves how they can best be served. Listen carefully and respond to what they really want. You could also consult with disabled staff and disability organisations.
Think about the way you treat disabled customers. Let them know how to request assistance, and have a customer complaints procedure that is easy for them to use.
Ensure that you respect the dignity of a disabled person when providing them with your services.
Establish a positive policy on providing services to ensure it includes disabled people. Communicate this policy to your staff and monitor its effectiveness.
Consider putting in place positive practices which will encourage disabled people and others to use your services.
Make sure your staff training includes your policy towards disabled people and their legal rights, and disability awareness and disability etiquette training.
Regularly review whether your services are accessible to disabled people.
Remove any physical features of your buildings that create a barrier to access for disabled people. Consider doing this at the same time as any building or refurbishment work you are planning, which could help reduce costs and disruption.

Links and further information on the DDA

Australian Human Rights and Equal Opportunity Commission
http://www.humanrights.gov.au/disability_rights/

Commonwealth Consolidated Acts
http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/