Can SCIA provide a letter for an owner or developer that will grant an exemption from providing access to a building?
No. The role of SCIA is to provide information concerning access and to encourage owners and developers of buildings to comply with the objectives of the DDA and the HREOC Access to Premises Guidelines. Applications for exemptions up to five years can be made with HREOC, but HREOC does not have the power to grant unjustifiable hardship. A binding decision on what constitutes an unjustifiable hardship can only be made by the Federal Court or Federal Magistrates Court. Issues of unjustifiable hardship are determined in the first instance by negotiation between the council and the owner undertaking the building or renovation. All relevant factors must be taken into account and may include the cost of eliminating barriers; any technical problems such as space availability; significant heritage issues; and the effect on all parties of removing the barriers. Something may constitute an unjustifiable hardship for one organisation but not for another. For example, putting in a lift in a two st
Related Questions
- Can SCIA provide a letter for an owner or developer that will grant an exemption from providing access to a building?
- What documentation needs to be provided, in addition to the deed, when the owner/developer prepares their own deeds?
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