How does the DDA relate to the National Construction Code including the Building Code of Australia outside a persons home?

Published 12th October 2016

The Australian Human Rights Commission has a webpage on frequently asked questions. They also have guidelines on access to buildings and services for advice on achieving disability access.

The Australian Human Rights Commission make clear that "Disability discrimination occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation, because of their disability. It can also occur when an unreasonable rule or policy is the same for everyone but has an unfair effect on people with a particular disability."

Example: It would be ‘direct disability discrimination’ if a local government authority refused a person with a mobility impairment to modify their home to suit their impairments.

The Disability Discrimination Act (DDA) covers people who have temporary and permanent disabilities; physical, intellectual, sensory, neurological, learning and psychosocial disabilities; diseases or illnesses; physical disfigurement; medical conditions and work-related injuries."

The DDA and the National Consctuction Code laws which includes the Building Code of Australia both have to be complied with in their own terms.
 
This means that in any case where building law impose more demanding requirements than the DDA would, the NCC requirement must nonetheless be complied with. In any case where the DDA is more demanding or broader than the NCC, the DDA has to be complied with.

What premises does section 23 of the D.D.A. cover?
 
Section 23 of the D.D.A. requires non-discriminatory access to premises which the public or a section of the public is entitled or allowed to use.
 
"Premises" are defined (in section 4) to include "a structure, building, aircraft, vehicle or vessel; and (b) a place whether enclosed or built on or not".
 
The DDA covers access to the footpath which comes under the definition of 'premises' and would therefore be covered by section 23 of the Disability Discrimination Act (DDA):
premises includes:
 
    (a) a structure, building, aircraft, vehicle or vessel; and
 
    (b) a place (whether enclosed or built on or not); and
 
    (c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
 
However, local government authorities are responsible for public footpaths. This can be both confusing for all parties and can require legal advice to untangle.