Changes to the Commonwealth Disability Discrimination Act 1992 (DDA), mean that certifiers and people who are responsible for the design, construction and management of a building must comply with the Disability (Access to Premises - Building) Standards 2010 ( 152 KB).

These standards have been incorporated into the Building Code of Australia 2011 and came into effect on 1 May 2011. The standards apply to building covered by the Building Code of Australia and:

• contain provisions for non-discriminatory access to public buildings for people with a disability
• provide a nationally consistent set of provisions that detail what must be done to provide for non-discriminatory access to buildings for people with disability.

Access Panels

The Commonwealth Government has recommended that state governments establish specialist bodies - known as access panels - that can help building certifiers apply the Premises Standards. These can be used where the applicant wishes to use the unjustifiable hardship provisions or an alternative building solution. Download the statutory guideline ( 179 KB) on using the DDA hardship provisions or alternative solutions with advice from access panels.

If you need specific advice or assistance on developing an alternative solution under the BCA relevant to access for people with a disability or you would like advice on whether there may be valid grounds for unjustifiable hardship, the following people have advised that they have expertise in access requirements and are available to provide advice. They have agreed to abide by a code of conduct developed by the department and have agreed for their names and contact details to be published.

• Bruce Shephard
  Phone 07 4721 4750 or 0412 207 434
• Mark Anderson
  Phone 07 3553 3364
• Martin Clark
  Phone 0400 232 468
• Michael Ryan
  Phone 07 3356 2486 or 0412 173 378.

An access panel may consist of one or more members each with specific expertise in a particular area. The number of panel members to hear a matter and their particular expertise will depend on the matter being addressed.

Any access panel established in Queensland is not a statutory panel established under law. Members of a panel are private individuals who are entitled to charge commercial rates for any advice they provide.

The decisions and recommendations of an access panel regarding unjustifiable hardship and alternative solutions are advisory only under the DDA. While access panels cannot provide certainty that compliance with the DDA has been achieved, the process has been developed to assist certifiers and owners with compliance matters and to assist in responding to complaints. Note that complaints of discrimination may arise under the DDA even where the recommendations of an access panel are followed.