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20517 App O.pdf [As Published] · 132007.1259
ACCESS REPORT Date: Tuesday May 1°' 2007 neweau WAYS Consultants A division of Innovative Access Systems Pty Ltd ABN: 82 083 036 079 23 Missing Link Road IIkley Qld 4554 Ph: 07 54573189 Mob: 0403 340.130 Fax: 07 54455216 Email: [email protected] Access Consultants — DDA Certifications Project Name: Essence of Peregian Beach Project No: 0407-002 Subject: Design Guidance Report Report Ref No: 001 Issue: B Client: John Mainwaring & Associates Address: Level 1, 36 Wyandra Street Newstead QLD 4006 Phone No: 07 32524400 Fax No: 07 32522911 Contact: Mr Paolo Denti Email: [email protected] 1 General Disability Discrimination Law states that it is unlawful to place a condition of entry or use on a person with a disability that is not required of another person without that disability in the manner in which access to premises is provided and in the manner in which a person uses the premises and the facilities contained within. These laws do not differentiate between clients, members of the public or staff. As well the definition of Premises extends from the property boundary and includes all built features contained therein. Unlike Building Regulation, which is performance based, Disability Discrimination Law relies on the person who has been discriminated against lodging a complaint against the discriminator. Depending on the jurisdiction, a conciliation process is established which may result in a settlement, which becomes a binding court order. If a settlement cannot be achieved through conciliation, further hearings in either a Tribunal or in the Federal Court are required which again may result in a direction to the discriminator to remedy the situation through management, renovation or construction. Of interest, is a recent decision in the Queensland Anti-Discrimination Commission by Savage SC (C vA [2005] QADT 14 (8 August 2005)) where Savage SC decided the Act Page: 1 of 23
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