FRAMEWORK

Before a Development Control Plan (DCP) or access policy can be used as part of a condition of approval then a fully developed and defined policy needs to be in place.

Architects need surety that a project complies with the DDA 1992 long before a project is lodged for planning or construction approval.

Councils need guidance to evaluate what constitute "reasonable" provisions for access and "unjustifiable hardship" to comply with the Act.

If local government areas are to have a development control plan, or access policy, in order to achieve National consistency, there must be a model document developed for adoption or adaption with limited opportunity to adapt to suit local requirements.

To leave councils to develop their own DCP's would lead to inconsistencies and greater confusion. Not all councils will have uniform and consistent policies and procedural compliance when compared with other councils, and some may have more rigid views on compliance, limiting innovative solutions.

If there is not a consistency of policy and interpretation, confusion will occur and will set back the move towards uniform access standards significantly.

The RAIA would be very concerned if councils were left to develop their own policies and have the power to control them without recourse to Appeal.

A formally constituted body to review proposals needs careful consideration especially regarding legal responsibility for their advice.

The proposal for a "properly constituted body" has the concerns, of having insufficient expertise, legal responsibility and consistency.

To implement these policies an active education program is strongly recommended, to ensure that those involved in the process of planning, designing and constructing buildings do comply with the DDA 1992.

ISSUES FOR COMMENT

THE BEST SOLUTION IS TO HAVE AN ACCESS STANDARD ADOPTED AND ENSHRINED IN THE BUILDING REGULATIONS BY AMENDING THE DDA 1992 TO RECOGNISE THE BCA.

However as the Federal Government continues to procrastinate on amendments to the DDA 1992 to recognise the BCA; in the interim the RAIA would support the development of a policy document and framework that HREOC would have confidence would work towards their objective.

The proposed policy should be circulated to councils, user groups and professionals for comment before finalisation. The final document then made available to councils for adoption.

Such a procedure would achieve greater quality and consistency.

With regard to Development Control Plans or Access Policies there are a number of DCPs have been prepared by councils and the number is increasing. This emphasises the necessity for prompt action towards achieving a coordinated and consistent requirement for DCPs. A number of access policies have been developed, for the Sydney Olympics, Sydney Casino and Princess Alexander Hospital Brisbane. The suitability of any of these policies as a model can only be established once the functional requirements and objectives of DCP have been formulated.

There is an initiative for the formation of a body of national access consultants in parallel with accreditation of access consultants. Once established accredited members of the body of professional consultants could provide the necessary services for assessing the compliance with the Act and certifying compliance with a DCP or a nationally recognised access standard.

THE METHOD OF DEALING WITH COMPLAINTS MADE BY USERS MUST BE LESS CONFRONTING.

There are no good models for dealing with appeals. The conciliation approach has difficulties of correct process and the tribunal approach is too legal.

Initially a complaint should be lodged with the owner or manager, and the opportunity given to them to take corrective action without being subject to prosecution. Many minor complaints concern design matters which may have been overlooked

Complaints could be referred by an appeal to such organisations Land & Environment Court in NSW and the Victorian Civil & Administrative Tribunal for examination against the published HREOC policy document.

Education of professionals is essential, however it is difficult to ensure that everyone is adequately informed.

The RAIA is active through its professional development program, practice notes and cautionary notes to make architects aware of their responsibilities to meet the objectives of the Act.

The RAIA National Access Working Group would be pleased to nominate representatives to a committee established to formulate a national access policy document and guidelines for compliance for use by authorities, architects, developers and building owners.

Convenor RAIA National Access Working Group

Ross Maxwell