The Disability Services Commission has developed

this training package for public authorities to use in

staff training

Legislation, Codes and Standards

Section Two

This section covers:

• WA Disability Services Act

• WA Equal Opportunity Act

• Commonwealth Disability Discrimination Act

• Heritage buildings and the DDA

This section covers (cont.):

• Convention on the Rights of Persons with Disabilities

• Building Code of Australia

• Australian Standards

• Access to Premises Standards

Key legislation, codes and standards

• WA Disability Services Act • WA Equal opportunity Act• Commonwealth Disability Discrimination Act

Key legislation, codes and standards (cont.)

• Convention on the Rights of Persons with Disabilities

• Building Code Of Australia• Australian Standards• Access To Premises Standards

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

WA Equal Opportunity Act

• 1984 (amended 1988)

• Makes it unlawful for a person to discriminate against any person on the grounds of impairment.

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;

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.

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)

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

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

Building Code of Australia (BCA)

• BCA references various Australian Standards and Codes to provide technical building requirements

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.

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

Resources

• ‘Legislation on Access’ www.disability.wa.gov.au

• Australian Human Rights Commissionwww.hreoc.gov.au/disability_rights

• State Law Publisherwww.slp.wa.gov.au