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Complaints could be lodged directly against a local government authority if it is responsible for the footpath. A complaint could also be lodged against the person or organisation directly creating the access barrier.In addition a complaint may be possible against the local government authority responsible for the footpath under section 122 of the DDA if it could be argued that the authority was 'permitting' barriers to access by failing to ensure the footpath is clear.The question of whether or not a local government authority is permitting discrimination would require some evidence they actually have the authority to address the problem.Any person or organisation subject to a complaint may have a defence if the removal of the barrier would result in an unjustifiable hardship.Examples of complaints that have been conciliated include:

Officers issued a body-worn camera receive training about how and when to use the cameras properly. The CPS’ Body Worn Camera Policy governs their use. Any breach of the policy may be regarded as misconduct and may be subject to disciplinary action in accordance with the Police Act. Unauthorized use of body-worn camera video or images may also constitute an offence under the Criminal Code or the Freedom of Information and Protection of Privacy Act.

These cameras have a light that visibly indicates it is recording. However, officers can disable this when required for officer safety (for example, if the light would give away their location at a nighttime incident involving a person with a firearm).

The question of whether or not a defence of unjustifiable hardship exists can only be determined by the Federal Court or the Federal Magistrates Court.

No. There is nothing in the DDA to mandate accessible toilet facilities being exclusively for use by people with disabilities - so long as in high use areas there are sufficient numbers of accessible facilities to give users with disabilities equivalent convenience of access.

The Australian Government is considering proposals for a Disability Standard on Access to Premises (Premises Standards) which would be formulated under the DDA.

If you choose to obtain a copy, a Disclosure Analyst will prepare a fee estimate for you. Once we have received payment, we will provide you with a copy. Please note that third-party information will be removed or blurred from the video. You may also view the video as part of a Professional Standards complaint. The Professional Standards Section will allow you to view the video in the presence of an investigator.

We acknowledge the Traditional Custodians of Country throughout Australia, and recognise their continuingconnection to land, waters and culture. We pay our respects to their Elders past, present and future.

A Privacy Impact Assessment was completed in January 2019 to assess and mitigate any risks posed to privacy using body-worn cameras. Any recording made by CPS cameras are subject to the Alberta Freedom of Information and Protection of Privacy Act.

The recordings are disclosed to the courts when required, but private information of third parties captured in any recording is first redacted.

Since there would generally be power in awarding grants for events to require that they be held in accessible venues, there could well be liability via DDA section 122 for permitting discrimination if that power is not exercised and discrimination results.

In some States and Territories, however, there may be a mechanism to appeal full application of some aspects of the BCA. The local council planning department will be able to advise if there is such an appeal mechanism.

It is not appropriate, therefore, for a Council or for a building certifier to make an approval for development conditional on the Commission granting an exemption for unjustifiable hardship.

Again, while the Commission is happy to offer its advice, it has no authority to certify whether or not an Alternative Solution is acceptable or meets legal requirements.

Complaints under the DDA can only be made by or on behalf of a person or persons aggrieved by the act of discrimination concerned. In the case of premises open to the public but inaccessible to people with a disability:

If a complaint is made to the Australian Human Rights Commission, the Commission is responsible for attempting to conciliate an agreement between the parties. If a conciliated agreement is not possible the complainant can take their complaint to the Federal Court or Federal Magistrates Court.

The Commission is happy to provide advice on the application of the DDA to buildings and the unjustifiable hardship provisions, however, it cannot grant permanent exemptions or dispensations from responsibilities under the DDA on the grounds of unjustifiable hardship, the authority to do that rests with the Courts.

Yes. Premises covered by section 23 are not restricted to new buildings, or buildings constructed since the D.D.A. was enacted. It may, however, be easier to show that altering existing premises to provide non-discriminatory access would impose unjustifiable hardship than to justify lack of non-discriminatory access in new premises.

See also the material linked from our access to premises page for more detailed resources including Commission advisory notes and policy papers, complaint outcomes, and links to other resources.

The selection and design of the facility etc may also be relevant to reasonableness of a temporary failure to provide access. While it may be reasonable and unavoidable for the performance of any device or facility to degrade between maintenance points, this does not necessarily mean it is reasonable for it to start at the minimum performance required by access standards when it is in new or freshly maintained condition and degrade below that point. Where possible, it would be reasonable to expect that "best" performance will be above the minimum performance levels required for access so that expected minimum performance will still not be below such minimum levels.

The Commission has no power to grant exemptions of dispensations from the requirements of building regulation, including from the requirements of the BCA.

Reviews of both camera systems were conducted in late 2020 to evaluate the impact of these tools, provide improvement recommendations and help guide future strategic decisions.

The Commission has supported those Councils who have developed an Access Policy or DCPs to try and overcome inconsistencies between the BCA and the DDA.

Officers are expected to use these cameras whenever they have an investigative contact with the public, are transporting an arrestee, are in a pursuit, or if it would benefit an investigation.

The Council would only face a liability if their decision was proved to have been wrong following a successful complaint against the developer.

If you believe an officer is not using a body-worn camera appropriately, you may file a complaint with the CPS Professional Standards Section.

Of course, the only way to ensure absolutely equal access would be to require that each and every toilet be accessible - but no one has argued that the DDA or other laws require that, in recognition of the additional space that an accessible toilet facility requires.

In many Councils an Access Policy or Development Control Plan (DCP) has been developed to try to improve access to a level considered to be more consistent with the requirements of the DDA and to encourage best practice.

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Some Councils and building certifiers are concerned that if they approve a development which is later subject to a discrimination complaint, they might find themselves also subject to a complaint because they approved the development.

If alterations to premises to provide full and equitable access would involve the destruction or removal of significant heritage value, in some circumstances making these alterations could be found to involve unjustifiable hardship. Analysed another way, failure to remove the barriers concerned by making these alterations might be found not to involve any unreasonable condition or requirement.

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Yes. Registration or claim of heritage value in a building or other items does not create an exemption from the DDA and is not in itself a defence.

The use of body-worn cameras requires many staff and resources that are dedicated to implementing and operating the CPS program. The program costs about $5 million annually to operate, including hardware, software licensing and staffing.

Officers use body-worn cameras to record law enforcement interactions with the public in the course of their duties, including, but not limited to:

The position where parking spots are reserved for use by people with disabilities is different. A parked car typically remains in place much longer than a person using a toilet does, so that parking in "disabled" spaces by drivers without a disability can effectively deny people with a disability access at all, rather than only requiring a short delay.

An organisation or business might be able to successfully defend itself against a DDA complaint if it could show a Court that providing access would cause an 'unjustifiable hardship'.

If a recording becomes part of a case file, it will be retained according to the CPS Records Retention Schedule, depending on the type of case and the retention category.

There are two types of law that cover access to buildings and facilities within them, the Building Code of Australia (BCA) and anti-discrimination law such as the Disability Discrimination Act 1992 (DDA). In most States and Territories there is a similar anti-discrimination law covering access to buildings.

This does not mean that heritage concerns will be accepted as outweighing the need to provide equal access in any particular case. Organisations which occupy or are responsible for heritage buildings need to ensure that they have looked closely at alternative means of providing equal access which are not prevented by heritage considerations. This may include:

Yes. A footpath would come under the definition of 'premises' and would therefore be covered by section 23 of the Disability Discrimination Act (DDA):

If you would like to view or request a copy of a body-worn camera incident that you are involved in, you can make a Freedom of Information and Protection of Privacy Act request through the CPS Access and Privacy Section.

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For example, a business might say that they have plans to do major renovations in 18 months time at which point they will address access problems. The business might seek a Temporary Exemption for example for 18 months on condition that they address access problems during the period of the temporary exemption.

If an organisation or business operates out of a building that does not provide equitable access for people with disability they may be subject to a complaint of discrimination, even if the building complies with the BCA.

It should be noted that the current BCA sets only minimum legal requirements for access in order to obtain building approval, but does not prevent greater levels of access being provided to achieve best practice, to meet the requirements of a particular equity policy, or to better meet the standards of the DDA.

The camera is attached to the front of an officer’s uniform near the chest area. It is black and about the size of a deck of playing cards. A red light indicates when it is turned on and recording. An officer will turn on the camera when attending a call for service or an investigation and will turn it off when the call for service or investigation is complete, when in a hospital setting, or when the officer determines that continuous recording is no longer serving its intended purpose.

A Court would consider many issues when considering a defence of unjustifiable hardship including those of cost, technical difficulties, use of the building and the effect the proposed changes might have on particular heritage features.

Yes. A footpath would come under the definition of 'premises' and would therefore be covered by section 23 of the Disability Discrimination Act (DDA):

It is possible, however, for building certifiers to consider proposals for what the BCA refers to as an 'Alternative Solution' to the deemed-to-satisfy requirements of the BCA. An Alternative Solution might deliver the Performance Requirements of the BCA but not strictly comply with the deemed-to-satisfy provisions.

If an access feature is not required by the BCA, but is required because of a Council's Access Policy or DCP, an appeal should not be made to the Commission but rather should be made to the Council, asking it to exercise discretion in the application of its policy.

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Police officers are entrusted with extraordinary powers and often work in dynamic and high-conflict situations. Cameras that record police interactions with the public can play a crucial role in protecting both the public and our officers, as well as supporting a fair justice system.

In 2011 the question of what is and what is not unlawful discrimination was clarified in relation to access to buildings through the adoption of the Disability (Access to premises – buildings) Standards 2010 (Premises Standards).The Premises Standards set out the minimum technical requirements for access to buildings sufficient to meet obligations under the DDA.So, for example, in relation to passageways within a new building an owner can be confident that if they provide a path of travel with a minimum width of 1000 mm and passing spaces at regular intervals they will be fulfilling the minimum requirements for compliance with the DDA.At this stage, however, the Premises Standards only apply to buildings covered by the various building classifications found in the Building Code of Australia. Public footpaths do not have a building classification, so while they covered by the definition of ‘premises’ they are not subject to the Premises Standards, but remain subject to the general non-discrimination provisions of the DDA.This means that there is no mandatory minimum technical compliance standard under the DDA that can be referred to in relation to footpaths.While the Commission does not have the legal authority to make determinations on what is and is not unlawful discrimination it can provide advice to assist people to avoid discriminating.This advice concerning footpaths draws on material found in Australian Standards 1428 parts 1 and 2 and overseas guidelines and standards and represents what the Commission considers to be good practice.For example, the advice draws on Figure 2 of AS 1428.2 that shows the minimum width required for 2 people using wheelchairs to pass each other is 1800 mm.In providing this advice the Commission is not saying that compliance with the DDA can only be achieved by providing footpaths this wide, but rather a footpath of this minimum width would provide amenity for all users, especially in areas of high pedestrian traffic such as High Street shopping areas, and would likely avoid the possibility of successful complaints.The Commission notes, however, that topographical issues, historical practices and local conditions will affect the capacity of local government authorities to achieve this level of good practice in all circumstances.A footpath should, as far as possible, allow for a continuous accessible path of travel so that people with a range of disabilities are able to use it without encountering barriers.While a footpath necessarily follows the natural topography of the area, in the best possible circumstances a continuous accessible path of travel along a footpath should:

See our advisory note on access to premises for detailed comments on this. See also our information on draft Disability Standards on Access to Premises which will harmonise the access provisions of the BCA and DDA.

As shown by decisions under the DDA to date, however, heritage issues can be taken into account in determining whether barriers to access are unreasonable (which is one of the elements required before a finding can be made of indirect discrimination), and can also be taken into account in relation to the defence of unjustifiable hardship where this applies. ( See the summaries of complaint termination decisions under the DDA.)

The best protection for Councils exercising the authority they have is to have a clear appeal mechanism and to vigorously assess any appeals.

However, the Commission also believes that Councils need to develop clear processes that allow developers to appeal against the additional requirements if they believe it would be too onerous.

A file will be opened and a PSS investigator will ask you questions as to what happened and why you believe the officer acted inappropriately. The investigator will also ask you how to resolve this issue, which may take the form of explaining a police procedure, or an informal conversation between you and the officer or the officer’s supervisor, or by having the officer reviewing training materials and policy expectations.

Frontline police vehicles are equipped with both dash cameras and back seat cameras that record audio and video. They are automatically activated when the emergency lights are turned on or when the vehicle is involved in a collision.

Police officer performance and accountability are government by the Police Act and Police Service Regulation. The Act sets out the requirements of a valid complaint and outlines the process for filing a complaint.

Once your request is approved, you can choose to either attend police headquarters (5111 47 St. N.E.) to view it or request a copy for a fee.

Compliance with the BCA does not necessarily mean the building complies with the requirements of the DDA or State and Territory anti-discrimination laws.

Access to premises is covered principally by section 23 of the D.D.A. Note that issues of access to premises can also arise under other provisions of the D.D.A., such as those prohibiting discrimination in employment (section 15), education (section 23), provision of goods, services or facilities (section 24), accommodation (section 25), and the administration of Commonwealth laws or programs (section 29).

It should be remembered that the main purpose of a building open to the public and used by government or business is to serve the public - which both in law and in fact includes people with disabilities. Heritage values which might justify preservation of a building do not necessarily justify modern business or government activities being conducted there. After all, the heritage value of premises which failed to meet modern human rights standards in other respects - such as gallows or inhumanely small and dark cells - may require the preservation of the premises, but would not be argued as requiring or justifying their continued use for their original purpose.

Where there are multiple toilet facilities, venues may well make their own decisions to reserve accessible facilities for use by people with disabilities only, or to implement a priority system. That is however a matter for management decision in the circumstances of each venue, rather than for the DDA. Other users without disabilities may likewise decide voluntarily as a matter of courtesy not to use an accessible toilet if possible where another toilet is provided, to avoid delaying a person who does not have a choice. Again, however, that is not a matter for the DDA.

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The Commission has not used the Temporary Exemption power to grant a permanent exemption or dispensation because of an unjustifiable hardship claim.

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In-car cameras have been used by our Service since 2012 and body-worn cameras were deployed to all patrol members, the Traffic Section and some other frontline officers in April 2019.

A Council may decide to allow a development, even though it is not fully compliant with the additional requirements of their Access Policy or DCP, because it believes the requirement would be too onerous.

The recordings are disclosed to the courts and the Crown discloses to legal counsel when required, but private third-party information captured in any recording is redacted or edited for legal, police tactical or security purposes.

Generally speaking, if an access feature is required by the BCA, such as an accessible toilet or an accessible main entrance, it must be provided as there is no broad power for any development or building certifier to provide exemptions or dispensations.

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A privacy impact assessment was completed in January 2019 to assess and mitigate any risks posed to privacy through the use of body-worn cameras. Any recording made by either of our cameras are subject to Alberta’s Freedom of Information and Protection of Privacy Act and Health Information Act when officers are in healthcare facilities.

Note that nothing in the terms or effect of the DDA operates to diminish, or excuse non-compliance with, the requirements of other laws. Specifically, the DDA does not operate to import any "unjustifiable hardship" qualification into State or Territory building laws so far as compliance with BCA minimum requirements is concerned. The true position is that both laws have to be complied with in their own terms.

Section 23 of the D.D.A. requires non-discriminatory access to premises which the public or a section of the public is entitled or allowed to use.

Cameras that record police interactions with the public can play a crucial role in protecting both the public and our officers, as well as supporting a fair justice system.

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"Premises" are defined (in section 4) to include "a structure, building, aircraft, vehicle or vessel; and (b) a place whether enclosed or built on or not".

Discrimination is unlawful under section 23 except where it can be shown that removing a barrier to access would impose unjustifiable hardship.

The proposed Premises Standards would harmonise the requirements of the BCA with industry's existing obligations under the DDA, thus providing certainty to developers, certifiers, building owners and others, that compliance with the BCA would also mean compliance with the DDA in relation to new building work.

This means that in any case where building law and the BCA impose more demanding requirements than the DDA would, the BCA requirement must nonetheless be complied with. In any case where the DDA is more demanding or broader than the BCA, the DDA has to be complied with.

Having an Access Policy or DCP can be seen as one way of reducing the chances of a complaint by requiring developments provide access at a level more consistent with the DDA.

The Commission believes that Councils are in the best position to make those judgements and that while the Commission is happy to offer its advice on the application of the DDA to buildings, Councils should not refer developers to the Commission for some form of 'determination' or 'certification' which it cannot give.

The DDA allows the Commission to consider applications for Temporary Exemptions from the DDA for up to five years. However, the Commission uses this power to provide protection from complaints while organisations and businesses are in the process of fixing an identified access problem.

If you believe an officer is using a body-worn camera inappropriately, you may file a complaint with CPS Professional Standards Section (PSS).

In addition the Commission is of the view that the continuous accessible path of travel should extend from the property line with no obstructions or projections in order to provide the best possible guidance line for all users including people with a vision impairment.The Commission encourages local government authorities with responsibility for footpaths to develop policies that reflect this good practice, however, individual authorities must make their own decisions on how to proceed based on the needs of local communities, local conditions, historical practice and any unique heritage or environmental issues.While every local government authority will face different issues, examples of comprehensive policies include the Footpath Trading Policy developed by Yarra City Council.

There are about 1,350 CPS officers currently using body-worn cameras. All patrol and traffic officers use them, along with uniformed officers in some specialty units, such as the Child at Risk Response Team (CARRT), the Police and Crisis Team (PACT) and the Tactical Support Unit (comprised of the Tactical and Canine teams).

Officers are required by policy to have their body-worn camera activated during a law enforcement interaction with a member of the public, however, the officer will continually assess privacy considerations and prohibitions outlined in the CPS Body Worn Camera Policy if recording should continue or stop.

Acting in accordance with the Premises Standards would be a defence to any complaint under the DDA in relation to the matters covered by the Standards.

An evaluation of the body-worn camera project was conducted from June to November 2020 to assess the first year of body-worn camera operations, impact on key groups and baseline measures, such as complaints against officers and use-of-force incidents.

If you attend the CPS headquarters to view the recording, you will view the video with a Disclosure Analyst from the CPS Access and Privacy Section, who may be accompanied by a police officer.

If heritage buildings are not readily and economically able to be modified to provide equitable access, then unless the heritage value of the building is an essential part of the business, consideration should be given to moving to alternative premises better suited to modern requirements including disability access. This is particularly the case for persons or organisations administering Commonwealth Government laws or programs where the defence of unjustifiable hardship does not apply.

Council chambers are often heritage buildings, but that is not decisive as far as the DDA is concerned, since meetings could be moved, even if the building cannot be readily altered. The effect of the DDA is that inaccessible facilities are best regarded as museum pieces, rather than the location for a working democracy.

Unlike some State laws, the DDA does not have a specific provision dealing with discrimination as a member of a local government body - but if the council chambers are open to the public a complaint can be made under DDA section 23. Even if the chambers are not open to the public, the council may constitute an "association" for the purposes of DDA section 27.

The CPS Professional Standards Section opens a file when it receives information from a citizen, or when asked by the Chief Constable or his designate to investigate any perceived misconduct, including Police Service Regulation breaches and criminal acts.

Body-worn camera recordings will be automatically deleted after 13 months if officers have not identified their association to a case file.

Evaluations of our officers’ use of both body-worn and in-car cameras have found evidence that the technologies help create a more efficient accountability process and reduce incidents where force is used.

For example, some Access policies require buildings to have doorways wider than the current BCA, or might require more circulation space in accessible toilets than the current BCA.

These cameras constantly store 30 seconds of footage, so every recording includes the 30 seconds before the cameras were activated and ends only when an officer manually shuts them off.

Patrol officers, traffic officers and some specialty officers carry a camera approximately the size of a pack of cards on the front of their uniform. The officers turn the camera on and off to record audio and video for law enforcement purposes. Every recording includes the 30 seconds before the camera was activated.

(Suggestions to this effect in one case under the Queensland Anti-Discrimination Act, Hosking v Lachlaur Pty Ltd t/as McDonald's Atherton , should not be relied on in relation to the DDA.)