Legislation, Codes and Standards

1. The Disability Services Commission has developed this training package for public authorities to use in staff training

2. Legislation, Codes and Standards Section Two

3. This section covers: • WA Disability Services Act • WA Equal Opportunity Act • Commonwealth Disability Discrimination Act • Heritage buildings and the DDA

4. This section covers (cont.): • Convention on the Rights of Persons with Disabilities • Building Code of Australia • Australian Standards • Access to Premises Standards

5. Key legislation, codes and standards • WA Disability Services Act • WA Equal opportunity Act • Commonwealth Disability Discrimination Act

6. Key legislation, codes and standards (cont.) • Convention on the Rights of Persons with Disabilities • Building Code Of Australia • Australian Standards • Access To Premises Standards

7. WA Disability Services Act • 1993 (amended 2004) • Requires Western Australian public authorities to develop and implement a Disability Access and Inclusion Plan (DAIP) • A person with a disability has the right to be respected for their human worth and dignity

8. WA Equal Opportunity Act • 1984 (amended 1988) • Makes it unlawful for a person to discriminate against any person on the grounds of impairment.

9. Disability Discrimination Act It is unlawful to discriminate in the areas of: • employment; • education; • administration of Commonwealth laws and programs; • activities of clubs and incorporated associations; • access to premises;

10. Disability Discrimination Act It is unlawful to discriminate in the areas of: • accommodation; • buying or selling land; • sport; and • provision of goods, services and facilities.

11. Heritage buildings and the DDA “The DDA will override Commonwealth / State / Territory heritage legislation in the event of any inconsistencies” (ref. Access to Heritage Buildings for People with Disabilities Report)

12. Convention on the Rights of Persons with Disabilities • Areas covered include: • Respect for family and home • Freedom from exploitation and abuse • Work and employment • Adequate standard of living • Personal mobility

13. Convention on the Rights of Persons with Disabilities Areas covered include (cont.): • Equality and non-discrimination • Equal recognition before the law and access to justice • Participation in cultural life, recreation, leisure and sport • Health • Accessibility

14. Building Code of Australia (BCA) • BCA references various Australian Standards and Codes to provide technical building requirements

15. Australian Standards AS 1428 relates to the provision of disability access Four parts: • general requirements for access; • enhanced and additional requirements; • requirements for children and adolescents with physical disabilities; and • tactile ground surface indicators.

16. Access to Premises Standards • There are instances where the BCA and DDA are not aligned • ‘Access to Premises Standards’ by the Australian Human Rights Commission assist with access for people with disabilities

17. Resources • ‘Legislation on Access’ www.disability.wa.gov.au • Australian Human Rights Commission www.hreoc.gov.au/disability_rights • State Law Publisher www.slp.wa.gov.au