1.3 Definition of Disability and Handicap
1.5 Disability Discrimination Legislation
1.7 Building Code of Australia
The Federal Government, through the Australian Disability Discrimination Act 1992 (DDA) acknowledges the right of all individuals to equitable access. The NSW AntiDiscrimination Act 1977 (ADA) was amended in 1994 to comply with the DDA.
The Sydney Olympic Park Authority's Disability Action Plan requires the Sydney Olympic Park Authority (SOPA) in any proposed development, to take into account provisions for persons with a disability.
A significant proportion of the Australian population has a disability and this proportion is increasing (in 1998, 3.6 million people in Australia had a disability, or 19% of the total population). Whilst the degree and type of disability varies with individual circumstances, people with disabilities may experience the following:
As a consequence, people with disabilities face barriers with everyday activities such as hearing what is said, seeing small print, climbing stairs, prolonged standing, walking long distances, or understanding signage. The impact on the life of the person can be major.
For too long, disability has been viewed as the problem of the individual and not the relationship between the individual and his or her environment. Physical and social barriers can be largely overcome by taking access requirements into account in policy development, communications, infrastruture, pathways of travel and service provision.
The purpose of these Access Guidelines is to establish the requirements for an accessible environment. This means one in which people with mobility, vision, hearing or intellectual disabilities can use the facilities independently, equitably and with dignity. Under the Disability Discrimination Act, the definition of 'disability' is as broad as possible. It includes:
Physical Intellectual Psychiatric Sensory Neurological and Learning disabilities as well as Physical disfigurement and The presence in the body of disease causing organisms.The DDA also sets out provisions for the rights of all peoples, including in the area of access to premises.
These Guidelines are intended to provide guidance to Government agencies, Local Councils, architects, venue operators, event operators, designers and others who are involved in the design, fitout, planning and operations of facilities and venues within Sydney Olympic Park. The Guidelines are based on the relevant Australian Standards, which are current as at June 2002, and cover specific requirements under the headings of access and circulation, amenities and communications. The Guidelines do not attempt to cover all key areas outlined under the DDA.
The Guidelines have been adapted from Access Guidelines prepared by the Olympic Co-ordination Authority (OCA) for use in the design and building of facilities and venues for the 2000 Olympic and Paralympic Games (Third Edition - September 1999).
The Olympic and Paralympic Games were widely acknowledged as resounding successes in terms of the provision of equitable access and facilities for persons with disabilities. The Sydney Olympic Park Authority, established July 1, 2001 is the new organization responsible for managing, promoting and developing Sydney Olympic Park.
The Authority aims to make Sydney Olympic Park, Sydney's premier destination for entertainment, leisure, business events, tourism and high quality residential and commercial environments.
This document is not intended to be a stand-alone document and should be used in conjunction with relevant Building Codes and Standards. In some cases, guidelines for the operation of facilities and venues and the management of events in these facilities may also be required since these are part of, and may have a significant effect on, the provision of full accessibility. By way of example, there is little point in building a facility that is accessible if staff are unaware how the hearing loop works, or they have no knowledge of the access requirements for different disability groups.
These Guidelines are intended to be a dynamic document that is updated on a regular basis and provides a useful tool in the planning and design of facilities and venues that maximise access for people with disabilities and the general community as a whole.
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The New South Wales Government endorses people's right to access. Access is a basic human right, and a fundamental pillar of social justice. Social justice is about the acceptance of people as individuals and about access to fair and equal opportunity to participate fully in community life.7
Access is not only about buildings. A truly accessible environment is one in which a person with a disability can freely express their independence, and one in which any impediment to integration is removed. It involves the seamless blending of numerous key components such as communication, transport, employment, education, external pathways, community awareness, housing and buildings.
Special access provisions should not be necessary if the environment is built to adequately reflect the diversity and needs of the community. Good design should seamlessly provide access for all, which should be a fundamental part of good design rather than, at a later stage, providing solutions to problems.
For every decision that is made in regard to planning and design, the question of how this will impact on a person with a disability, and what can be done to cater for these impacts, should be asked. Accessible environments will benefit not only people with a disability, but also other members of the community who may be disadvantaged in terms of access. These may include:
Disability has too long been viewed as a problem of theindividual and not the relationship for that individual andher/his environment. Disability is a functional limitation within the individual caused by physical, intellectual, emotional or sensory impairments. Handicap is a loss or limitation of opportunity to take part in the life of the community on an equal level with others due to the physical or social barriers.
A disability can also arise from having AIDS, hepatitis, diabetes, asthma, autism, dyslexia, or a mental illness. Additionally, it includes a disability that presently exists, previously existed but no longer exists (for example, a person who has had a back injury), or may exist in the future (for example a person who is HIV positive). See broad definition of a disability at 1.1.
The use of correct terminology is important when referring to a person with a disability. The language should reflect an approach that focuses on ability rather than disability. For instance, it is not appropriate to refer to someone as a cripple, or to not talk directly to them.
Terms such as person/customer/client with a disability should be used, thereby putting the person first, not the disability. People's behaviour and their attitudes towards people with disabilities should be addressed through disability awareness training. Strategies should be developed for addressing possible discrimination by staff against people with disabilities by:
Issuing formal policy statements to staff on anti-discrimination law Providing formal training Establishing an effective complaints handling procedureIn addition, facilities should be described as accessible rather than disabled, thereby reflecting their purpose, which is to be accessible.
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The Commonwealth Disability Discrimination Act 1992 (DDA) makes it unlawful for service providers to discriminate against people because they have a disability. Essentially this makes it the responsibility of the service provider to provide non-discriminatory services.
This means that in most situations, people with disabilities must be able to use services to the same extent and with the same independence and dignity as other people. The DDA is administered by the Human Rights and Equal Opportunity Commission (HREOC).
The DDA allows individuals to lay complaints (in the first instance) to HREOC and subsequently to the Federal Court (in the event that conciliation through HREOC fails) if they think that they have been unfairly treated because of their disabilities. The Act applies to new as well as existing buildings and accommodation. The NSW Anti-Discrimination Act 1977 was amended in 1994 to comply with the DDA and people who have a disability can lodge a complaint under either State or Federal legislation.
The DDA does not require the provision of access to be made if this will cause major difficulties or unreasonable costs to a person or organisation. This is called 'unjustifiable hardship'.
But before it can be claimed that providing access is unjustified, a person or organisation needs to:
Thoroughly consider how access might be provided, Discuss this directly with the person involved, and Consult relevant sources of advice.It is up to the person or organisation to show that providing access is unjustified.
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These Access Guidelines are based upon the current Australian Standard Design for Access and Mobility AS 1428 which has 4 parts. In addition, other Standards and reference material have been condensed and combined in order to produce guidelines that reflect principles of best practice.
By way of background, Australian Standards are prepared by committees made up of experts from industry, governments, user groups and other sectors. The requirements or recommendations contained in published Standards are a consensus of the views of representative interests and also take account of comments received from other sources. They reflect latest scientific and industry experience. The requirements outlined in Australian Standards are generally mandatory in nature and throughout this document, terminology will reflect that through the use of the word 'shall'. Designers are required to comply with the technical requirements of the Standards. Australian Standards are kept under continuous review after publication and are updated regularly to take account of changing technology. The following Standards were used in developing this document.
AS 1428 Design for access and mobility
AS 1428 Part 1-2001: General requirements for access - New building work. This Standard specifies the design requirements applicable to new building work, excluding work to private residences, to provide access for people with disabilities. Particular attention is given to continuous pathways of travel and circulation spaces suitable for use by people who use wheelchairs, and access and facilities for people with ambulatory disabilities and for people with sensory disabilities.
AS 1428 Part 2-1992: Enhanced and additional requirements - Buildings and facilities. This Standard is currently undergoing revision to become 'Interior Fitout of Buildings' and will include circulation space required at counters, tables and other work surfaces. The extra dimensions of the current Part 2 relating to the permanent building structure will be considered for inclusion in future updates of Part 1.
AS 1428 Part 3-1992: Requirements for children and adolescents with physical disabilities. This Standard provides advice about dimensional and circulation space requirements based on the anthropometrics of children aged 3-18 years. This Standard should be referenced when designing buildings and facilities specifically for this age group.
AS 1428 Part 4-2002: Tactile Indicators. This Standard specifies requirements for tactile ground surface indicators to warn of hazards and provide directional information through contact by foot or cane with the ground surface. It is intended for use on ground, road or floor surfaces.
AS 2890 Car parking
AS 2890 Part 1-1993 is the standard for off street parking and AS 2890 Part 5 1993 is for on street parking.
(Part 1 is being substantially updated to accommodate vehicles fitted with wide and rear entry ramps and lifts. It is currently being republished.)
AS 1735 Lifts, escalators and moving walks.
AS 1735 -1999 Part 12 Facilities for persons with disabilities.
AS 1735 Part 7 covers stairway lifts and Parts 14 and 15 cover low rise restricted use lifts.
AS 4586 Slip resistance classification of pedestrian surface materials.
People with ambulatory disabilities using crutches or walking sticks are at risk of falling and injuring themselves and slip resistant surfaces are essential particularly where floor or ground surfaces may be wet.
AS 4299-1995 Adaptable housing. This Standard presents the objectives and the principles of adaptable housing and provides guidelines on adaptable housing to those involved in designing or building new dwellings or renovations. It is referenced by some Councils/local government particularly in conjunction with SEPP 5 developments.
Note: Compliance with Australian Standards shall include any notes to clauses.
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From late 2002, a number of changes will occur to the Building Code of Australia. This will enable the BCA to form part of a new National Disability Standard on Access to Premises under the Disability Discrimination Act 1992 (DDA). The changes aim to ensure that premises that the public are entitled or allowed to enter or use are accessible, whilst also providing certainty for building owners and developers regarding their obligations under the DDA and the BCA.
The BCA currently only applies to new buildings or those buildings undergoing significant refurbishment or changes. The DDA is a general law about eliminating discrimination against people with disabilities.
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Access encompasses both routes of physical movement and the community within a space or across distance. Provision of a path of continuous access is the fundamental requirement for an accessible environment. Accessible environments adequately reflect the diversity and varying needs of the community.
An accessible path of travel is required to provide an uninterrupted path of travel to or within a building providing access to all facilities. An accessible path should not contain any barrier that would prevent it from being safely and confidently negotiated by people with disabilities. An accessible path must provide for users with intellectual, physical, sensory and mobility disabilities.
Step by step assessment of the path for each user category is necessary. The shortest route, well identified, conserves energy. Assessment should be made at the design stage, checked at each stage of construction, and monitored in perpetuity. A well-designed total concept can be dislocated by decisions made in isolation during construction, operation or maintenance. No environment is generally accessible to some people who use wheelchairs unless a toilet for their use is provided within the environment.
In the design of an accessible environment, there are extensive planning links that revolve around a combination of elements e.g. in an access pathway in an external environment, there are many considerations such as surface material and impermeability, pathway width, cross fall, passing areas, gradients, transition between different surfaces, absence of barriers such as bins and signs.
This document cannot outline all the linkages in respect to any one item, however it provides the overall requirements that are necessary in providing an accessible outcome.
There are also complex issues that arise when various service providers are involved in linked tasks such as the provision of transport services. As such there is a need to factor in collaborative and co-operative planning approaches in any design proposal.
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