Australian Building Codes Board

Building Australia's Future Conference 2011

Putting out the welcome mat in our new accessible buildings:
Where to from here in access developments

Graeme Innes,

Australian Building Codes Board: Building Australia's Future Conference, Brisbane,

20 September 2011

Thank you Barry for that introduction. I begin by acknowledging the traditional owners of the land on which we meet. I pay my respects to their elders past and present.

Good morning. I'm very pleased to be here today.

Six years ago, as Deputy Disability Discrimination Commissioner, I presented at this conference.

Since then, at least three catastrophic events have occurred in the world, and we are dealing with the aftermath:

• First, the United States has spent billions of dollars rebuilding 300 000 homes, following the destruction caused by Hurricane Katrina;
• Second, in Japan, a 9.0 strength earthquake and 15-metre tsunami destroyed tens of thousands of homes, killing up to 28 000 people; and
• Third, at home, a series of floods in Queensland caused the greatest natural disaster to ever hit the State, and a total damage bill estimated to exceed $5 billion dollars.

Now I know you haven't come here today to hear from me about natural disasters and their devastating effect. But in the renewal and reconstruction of these communities, there will be the rebuilding of schools, homes, playgrounds, and footpaths.

Wouldn't it be fantastic if these communities were reconstructed to be fully accessible and inclusive? Can you imagine what this would be like?

For Australia, the commencement of the Disability (Access to Premises - Building) Standards was a truly significant event for improving our built environment. We can be proud that after many years of hard, and sometimes troubled, work we have disability standards that provide for:

• improved and dignified access to buildings; and
• the greatest possible consistency between the requirements of state and territory building law and federal discrimination law.

We've come a long way. But if I was to ask you whether we have achieved full access to our built environment for all Australians - for older people, for children, for families, for people with temporary or permanent disabilities - what would you say?

I would say that we are not there yet.

There are opportunities and challenges ahead, and I want to share some thoughts on them with you today.

Let me start by taking a step back, and remind you of why accessibility is important.

As part of this Government's 2007 election commitment, and 2010 election platform, Labor committed, as part of its social inclusion agenda, a National Disability Strategy.

To inform the development of this Strategy, public consultations were held around Australia, and a discussion paper released, asking Australians to identify the main barriers that people with disability encounter in their participation in the community.

Over 2,500 people attended public consultations, and more than 750 submissions were provided to Government. Of the submissions, 56 per cent identified social inclusion, and community participation, as a barrier; while 27 per cent of submissions identified a lack of access to the built environment as a barrier; to full and equal participation.

One submission says: We want to contribute to Australian society but we usually find that we can't access the workplace, can't access public venues, can't have a holiday because there is no suitable accommodation.

And in another: Many professional services [such as dentists] are based on secondary levels with stair access only. Many cafes have step entry. My family or carer and I are forced to utilise outdoor street seating, which on many occasions is the colder or less desirable alternative. Cinemas and swimming facilities are still often inaccessible. This prevents me from participating in these recreational activities with family and friends.

It was clear from the report provided to Government- called the Shut out Report - that many people with disabilities found themselves shut out of buildings, homes, schools, and business - essentially excluded from participating in Australia's social, cultural and economic life. Easy to talk about in the abstract, but not when the person excluded is your mother, your brother, your child, or even yourself.

Earlier this year, the Council of Australian Governments (COAG) endorsed the National Disability Strategy.  By doing this, all levels of government signified their commitment to a vision that an inclusive Australian society is one that enables people with disability to fulfil their potential, as equal citizens. It's a vision I strongly share.

To quote from the Strategy, key outcome 1 says:

People with disability live in accessible and well-designed communities, with opportunity for full inclusion in social, economic, sporting and cultural life.

Included in areas for future action under this outcome are activities relating to universal design, the Premises Standards, and public and private housing.

It's fair to say that, as identified in the National Disability Strategy, accessibility to the built environment is a key pillar of social inclusion.

The Disability (Access to Premises - Building) Standards will provide many benefits for many Australians. People with disability will have improved access to buildings, and increased opportunities to participate in employment, and all aspects of social and cultural life. There will be a higher degree of certainty that access to new and upgraded buildings will be consistent throughout Australia. 'Rights' no longer have to be pursued through an individual complaints mechanism, one complaint at a time, and one building at a time. And property owners, and operators, will know that compliance with the new access provisions of the BCA will also result in compliance with the Premises Standards. These are all things we can be proud of.

But while we can revel in these achievements, there is still unfinished business. For example, the Premises Standards provides that any decision of a state or territory body, established to make recommendations to building approval authorities about building access matters, is a relevant consideration in assessing a claim of unjustifiable hardship. This is intended to provide a mechanism for the recognition of decisions of specialist Access Panels, or similar bodies established in states and territories, to advise, or make decisions about, whether to accept claims from building developers that the full application of the BCA would be too onerous, and result in unjustifiable hardship. While state and territory administrations are not required to establish such panels, there is great benefit in having a mechanism in place, to provide for greater surety in the decision making process for building certifiers. I know that Victoria and Tasmania are doing well in this regard. But I wonder, how well are the other states and territories doing?

Despite the years it took to finalise the Premises Standards, there are probably some things that we don't have right. While the five year review of the Standards may seem like a long time away - it is, after all, only four months since they came into effect - it's not too early to start thinking about it. An effective review will not be possible without relevant and valuable data, and I urge you to think now about the ways you might contribute to the review. As a start, if you are encountering implementation or interpretation issues, then raise these with your state and territory building administration bodies, and/or your other relevant industry representatives. 

Let me turn now to those features of the built environment that are not included in the Standards. I'll start with emergency egress. I'm particularly pleased that the Australian Building Codes Board is continuing work to develop suitable and effective solutions to improve emergency egress for all occupants, including for people with disability. I'm supportive of this work. However, while I understand that there are some difficult issues to consider, such as questions relating to the possible use of lifts during emergencies, 'less' difficult solutions to improve emergency egress should not be delayed while awaiting the development of other ones. For example, one such issue to progress could be the use of visual emergency alarm systems.

Other areas for further progress include:

• the fitout of buildings, such as reception desks, drink fountains, change rooms in clothes shops, moveable furniture, fixtures and fittings; and
• wayfinding features which are broader than the current signage requirements in the Standards

People with disability regularly experience discrimination in relation to these areas, and it would be regrettable if we did not pursue further work on these issues.

Let me talk about Pathways and public .paces] Recently, Alzheimers Australia, NSW, published a paper on dementia and age friendly neighbourhoods. They found, from focus groups they conducted on transport and streetscapes, that there was a general feeling that roads, footpaths and walkways were not designed around the needs of older people, and people with cognitive difficulties.  As Robert, a carer says:

We have a new Woolworths on one side of the highway, and a retirement village on the other, and no safe way to cross the road.

Making our public pathways, recreational facilities, and roads more accessible has benefits for all Australians - families with young children and prams, ageing Australians, and people with permanent or temporary disability.

The Make Local Communities Accessible for all Australians is an initiative which recognises the value of making local communities more accessible for people with disability, and I am pleased that local councils who have been successful in this year's round of funding are using them to upgrade public spaces.  For example, Ashfield Municipal Council, where I spent my childhood, is using a grant of $100 000 for Playground & Accessible Pathways, while Rockhampton Regional Council is using $37 800 for Recreational Playground Shade Structure.

While accessible public spaces may not have been a strong focus of our building work so far, we can no longer ignore their value and importance if we are to have a truly inclusive society.

I want you to come with me to Livvi's Place. At Livvi's Place, you'll find a Snakes and Ladders Path, and a Musical Sculpture. The Snakes and Ladders Path provides a structured path, which is not restricted by steps or enclosed spaces, and is patterned as a snake with numbers on it.  All ages, sizes, and abilities can engage with the path, and for children with autism, counting the numbers in their head, or out loud, can help control their anxiety.

As for the Musical Sculpture, it emits sounds that can be felt as vibrations for people who are deaf, and can also be felt through the frame of a wheelchair.

In case you haven't already guessed, Livvi's Place is a playground. But it's a playground designed for children with mobility disabilities, hearing impairment, visual impairment, or spectrum disorders, and for adults too. There are currently 3 Livvi's Places in Australia, with Brisbane, Ryde in Sydney, and Western Sydney, all planned for 2011 to 2012.

To me, Livvi's Place is an example of the things we can achieve with a little bit of creativity and innovation, and with social inclusion in mind. I encourage you, as you carry out your work - whether as a builder, surveyor, an architect, an access consultant, or a designer - to think about Livvi's Place, and remind yourself of what could be achieved with a little innovation. As Albert Einstein once said:

We cannot solve our problems with the same thinking we used when we created them.

It's no secret that Australia is facing significant demographic changes. The Australian Bureau of Statistics tells us that one in five Australians has a disability, 52% of people aged 60 years and over has a disability, and by 2056 Australia's population is projected to increase to between 31 and 43 million people, with around 23% to 25% being 65 years or older.

While there has been significant progress in improving access to our built environment over the past 10 years, mainly, with this year's commencement of the Premises Standards, there are still many opportunities and challenges ahead. In thinking about accessibility in our built environment, I agree with that famous duo the Carpenters, that 'We've only just begun'.

Thanks for the chance to speak with you today.