Accommodation issues

Last updated 17 August 2012

Section 25 of the DDA makes it unlawful to discriminate in provision of accommodation on the grounds of disability of a person or his or her associates:

• by refusing an application for accommodation; or
• in the terms or conditions on which the accommodation is offered; or
• giving the person lower priority on a list of applicants for accommodation; or
• denying or limiting to a person occupying accommodation access to any benefit associated with the accommodation; or
• evicting the person ; or
• subjecting the person to any other detriment in relation to the accommodation; or
• refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:
  (i) that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and
  (ii) in all the circumstances it is likely that the person will perform the undertaking; and
  (iii) in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and
  (iv) the alteration does not involve alteration of the premises of any other occupier; and
  (v) the alteration is at that other person's own expense.

These provisions do not however apply if

• the accommodation provider or a near relative resides on the premises and the accommodation provided for rent is for 3 persons or less; or
• the accommodation is provided for persons who have a particular disability and the person discriminated against does not have that particular disability; or
• special services or facilities which would be required by the person with a disability would impose unjustifiable hardship on the accommodation provider .

Commission resources

• Brief fact sheet
• Conciliated complaint outcomes on accommodation
• Decisions terminating accommodation complaints
• Discussion of accommodation issues in submission to Productivity Commission inquiry
• FAQ on access to strata property
• Open letter on body corporate responsibilities
• Submission to review of accessible housing by Victorian Building Commission and Australian Building Codes Board

Livable housing design

The DDA does not cover accessible housing issues as comprehensively as it covers access to public premises. It does however apply in some situations, including public housing. The Commission is involved in efforts to ensure that housing is available which meets access needs or can be readily adapted.

National Dialogue on Universal Housing Design

The Commission is a member of the National Dialogue on Universal Housing Design which on 13 July 2010 launched a strategic plan and a set of design guidelines aimed at achieving an aspirational goal that by 2020 all new housing would include a number of universal design features.

• National dialogue strategic plan and Guidelines
• Press releases from the Commission; Minister Shorten; Property Council; Carers Australia

Other resources

• Australian Network for Universal housing Design
• SMARTA Housing accessible housing education and information
• Queensland Public Advocate Discussion Paper on universal housing
• Concrete change: international network on visitable housing
• Home Modification Information Clearinghouse
• QADT decision on access to common areas: C v A (September 2005) (decision under Qld Anti-Discrimination Act
• NSW Ombudsman's report on access to supported accommodation services (PDF file)