I wish to make a further submission, as follows;

There seem to me, as a disability access consultant, to be two major flaws in the existing Act.  The imminent introduction of the 'Premises Standard'  will, as best I can ascertain, will not address either of them.

The unjustifiable hardship provisions, whilst it remains the case that a building owner and/or operator is required to bear any attendant costs involved in providing 'accessibility' (as distinct from the public purse),  are necessary, but any evidence offered, especially in relation to Part 11(c) "the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship" , needs to be given under oath.  Under the present Act, the provider of any unreliable, distorted or intentionally untruthful evidence can go unpunished.

The Act needs to be amended (and attendant legislation introduced) to allow for the enforcement, where necessary, of any continue 'conciliated outcomes'  provided by HREOC.

Bob Kellow    

Access Design & Inspection Consultants Pty Ltd
www.adandi.com.au