Your Response ID Is ANON-7ZU9-CXAW-J

Your response ID is ANON-7ZU9-CXAW-J.

Section 3.1 - Accommodation Buildings

Would you like to comment on Accommodation buildings? Yes X No …….. Are there other issues with accommodation buildings you think should be addressed? Yes x No

Please explain your answer.

Class 3 buildings do not have suitable sanitary facilities to meet the needs of profoundly disabled people.

There are 200,000 profoundly disabled adults and children in Australia and when they leave their home they have nowhere to go to be changed or toileted.

Ref: Australian Institute of Health and Welfare 2013. Incontinence in Australia. Cat. no. DIS 61. Canberra. AIHW.

There are plenty of accessible disabled toilets but these are only useful to those who are mobile such as an elderly person with a walking frame or someone who is physically strong enough to transfer themselves from a wheelchair to the toilet. Standard accessible toilets do not meet the needs of all people with a disability or their carers. People with profound and multiple learning disabilities, as well as spinal injuries, spina bifida, motor neurone disease, multiple sclerosis or an acquired brain injury, often need extra facilities to allow them to use the toilets comfortably.

Hotels should be required to have at least one" changing place toilet" in their public accessible areas. This will allow patrons with profound disabilities who are visiting the hotel, for business, conferences or just for dinner to have access to suitable change or toileting facilities.

At Present there are no facilities within class 3 buildings which cater for the need of a profoundly disabled person.

Depending on the size of the hotel at least one disabled bedroom should have a hoist and change table. People with profound disabilities should be able to be tourists also. However so many of them do not leave their home as facilities provided by hotels only meet the needs of mild to moderate disabled people.

This means that the hotels will miss out not just on the hotel rates paid by the disabled person but will also miss out on booking by accompanying family members. Simon Darcy et al from UTS has done some very interesting studies on accessible tourism and the money lost to the hotel industry and the Australian economy because we do not cater to the needs of profoundly disabled people. Ref: Accessible tourism and sustainability: a discussion and case study: Simon Darcy, Bruce Cameron & Shane Pegg Journal of Sustainable Tourism; Volume 18, Issue 4, 2010 pages 515-537

Ref: Accessible Tourism: Concepts and Issues/Edited by Dimitrios Buhalis and Simon Darcy. Aspects of Tourism 2011 ISBN-13: 978-1-84541-161-9 (hbk) ISBN-13: 978-1-84541-160-2 (pbk)

Section 3.2 - Accessible Sanitary Facilities

Would you like to comment on Accessible Sanitary Facilities? Yes X No . . . Are there other issues with accessible sanitary facilities you think should be addressed? Yes X No

According to the National Public Toilet Map there are over 16,000 publicly available toilets across Australia; of these only 6 are suitable to meet the toileting and changing needs of the profoundly disabled person. (Talk about someone you know here, a child, friend, a neighbour, a colleague you work with or their disabled family member )then delete the instruction. Liam my son is 12 and has cerebral palsy and other chromosomal abnormalities which leave him severely intellectually and physically disabled. Liam has never walked or talked, is wheelchair bound and is fed via a PEG Tube in his tummy. Liam is also incontinent and wears nappies. Our big problem is when we go out into the community there is no change facility/ toilet to change Liams nappy.

Unless you know someone who is profoundly disabled it would not dawn on you that toileting/ changing facilities are not available to profoundly disabled people. When I ask if change facilities are available people point to the disabled toilet expecting me to lay my child, my wife/husband on a dirty floor or use a baby change table suitable for a baby and not a 12 year old boy or adult. Imagine the disgust of people if you told a mother with a new baby to change her baby on the toilet floor. Well this is what I am expected to do. I have three choices currently, leave my child, my wife/husband sit in his/her own urine and faeces till we get home, change him/her in public on a park bench or put him/her on the urine stained, dirty floor of the disabled toilet.

(Personalise)Liam is 12 and weighs 26 kg. I struggle to lift him out of his wheelchair onto the floor of the toilet especially when poo has leaked out of his nappy. Getting him up from the floor is almost impossible. Think when you see the next disabled person like Liam in a wheelchair, how does their carer change them, where can they go? What about the profoundly disabled adults with elderly parents, what hope do they have of changing their child. The NCC has excluded catering to needs of profoundly disabled person. It speaks only of ambulant accessible facilities. It discriminates against profoundly disabled persons by not even acknowledging their presence in society. 42,000 people have signed a petition I placed on Change.org to change the NCC so changing place toilets are added to the current standard. Many have made comments which are worthy of your attention. Please find attached a link to my petition. https://www.change.org/p/my-name-is-liam-i-am-12-years-old-and-have-cerebral-palsy-i-wear- nappies-please-provide-me-access-to-suitable-change-facilities-when-i-leave-my-home-please- sign-my-petition-to-change-the-building-code-of-australia

The NCC of Australia has to change, we need proper changing/ toileting facilities to meet the needs everyone in our community not just for those who are mobile and have a voice to complain. “Changing Places toilets” are different to standard accessible toilets in that they have extra features and more space to meet these needs. Australia needs proper changing and toileting facilities to meet the needs everyone in our community not just for those who are mobile and have a voice to complain. “Changing Places toilets” are different to standard accessible toilets in that they have extra features and more space to meet these needs.

Each Changing Places toilet provides • a centrally placed toilet with drop down hand rails so two carers can assist the disabled person use the toilet • a height adjustable adult size change table • ceiling track hoists to lift the wheelchair bound person on and off the change table or toilet • a privacy screen so carers or profoundly disabled people can use the toilet in private.

Section 23 of the Disability Discrimination Act makes it unlawful to discriminate on the grounds of disability in providing access to or use of premises that the public can enter or use. However we openly discriminate against those with profound disabilities when it comes to accessing suitable change and toileting facilities. Toileting and change facilities for the profoundly disabled just do not exist in Australia outside the person’s home. There are 200,000 profoundly disabled children and adults in Australia and they have nowhere to go to use a toilet or be changed!

Australia's ratification of the United Nations Convention on the Rights of Persons with Disabilities in 2008 reflects the Australian Government's commitment to promoting and supporting the equal and active participation by people with disability in economic and social life. Understanding the prevalence of disability in the Australian population, and the socio-economic characteristics and needs and unmet needs of people with disability, is important in informing policies, planning services, and removing barriers to participation.

The Federal and State Governments adoption of the National Disability Insurance Scheme (NDIS) provides support to individuals and families but does not include community infrastructure. Despite all the support of the NDIS, many people’s lives will remain restricted. Changing Places underpins the goals of the NDIS by removing a considerable barrier to social inclusion and community participation by providing toilet facilities that meet the needs of people with a severe or profound disability. The NDIS will change the lives of people with a disability for the better in many ways BUT without Changing Places toilets people with a severe disability and their carers will not be able to realise these opportunities. This YouTube video will also give you insight to the problem which exists for profoundly disabled people accessing a suitable toilet to meet their extra needs. https://www.youtube.com/watch?v=NujOEymuFx0The current standard AS1428.1 clause 15 discriminates and excludes 200,000 profoundly disabled people from having access to suitable toilet and change facilities.

Projected demographic change will see a progressively older Australian population and a more urgent need to maximise the potential of all Australians. For the benefit of everyone, the barriers to the contributions that can be made by people with disability, their families and carers need to be removed. We need to plan for the future so we can cater to the needs of all Australians. These changes to the BCA will improve the opportunities for people with disability to participate in and contribute to the economic, cultural, social and political life of our community as equal citizens.

Changing Place Facilities will also help in creating a more sustainable built environment capable of responding to our changing circumstances and family and community needs. All of us will benefit from these changes as our individual needs change over time.

Section 3.6 - Accessible Carparking

Would you like to comment on accessible car parking? Yes X No . . Are there other issues with the accessible carparking provisions you think should be addressed? Yes X No

Please explain your answer

I have one suggestion for accessible car parking.

Many people who need to use accessible car parking have mobility issues. Many are in wheelchairs, use mobility devices such as walking frames and sticks. Many are at risk from falls.

I would like to suggest that you consider deleting the roadside kerb edging at each accessible car parking spot; similar to a driveway entrance off the road. When a person uses a wheelchair lift to get down to the road surface behind an accessible vehicle they have to travel along the road surface until they come to a flat gap that will allow them to access the footpath.

The risk of a person falling using a mobility device would also be reduced if there was no step up to the footpath

Section 3.7 - Public Transport Buildings

Would you like to comment on public transport buildings? Yes X No

People with disabilities like to travel and to use public transport when possible.

Too many of our public transport buildings are not accessible to disabled people. Train stations especially have many steps going down or up to platforms with no access for disabled people.

Airports and bus terminals do not cater to the toileting/changing needs of the profoundly disabled traveller. Imagine taking a plane trip from Sydney to Melbourne. (Personalise)As we live on the South Coast of NSW that's a three hour journey to the airport. We check in one hour prior to departure, have one hour travel time to Melbourne and minimum of another hour to reach a CBD hotel. For Liam that's a minimum of 6 hours until he can be changed from his soiled nappy.

Would you like to sit next to Liam for the journey to Melbourne? Would you like to be Liam sitting in your own urine and faeces for up to six hours?

All terminals at every airport should have a "Changing Place Toilet" to cater for toileting and changing of the profoundly disabled person.

The UK is most progressive when it comes to changing place toilets in their airports. They recognise and are aware of the need of every person to have access to suitable toileting facilities and have progressively installed Changing Place Toilets in their airports. http://posabilitymagazine.co.uk/manchester-airport-launches-changing-places-facilities/

There is nothing dignified about having to change a profoundly disabled person on the floor of the dirty disabled toilet in an airport or bus terminal. Changing place toilets are the only solution.

Section 3.10 - Small Building Exemption Would you like to comment on the small building exemption? Yes X No

Is the small building exemption still appropriate? Yes No X Not applicable / No comment

Please explain your answer

All new public accessible buildings should be excluded from the small building exemption. Design and materials available to the building industry make it much easier to cater for the needs of all members of the public. Interaction of the Premises Standards with State and Territory Regulations Has aligning the provisions in Parts 1 to 4 of the Premises Standards with state and territory building regulations led to any inconsistencies? Yes x No No applicable / No comment

See Below

Do you have other comments you would like to make regarding the interaction of the Premises Standards with state and territory regulations? Yes x No

The guiding principles of the Premises Standards are the objects of the Disability Discrimination Act 1992 (Cth) (DDA), which are:

• to eliminate, as far as possible, discrimination against persons on the basis of their disabilities in various areas, and in particular access to premises, work, accommodation and the provision of facilities, services and land; • to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and • to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. • to ensure that dignified, equitable, cost-effective and reasonably achievable access to buildings, and facilities and services within buildings, is provided for people with disability

Section 23 of the Disability Discrimination Act 1992 makes it unlawful to discriminate on the grounds of disability in providing access to or use of premises that the public can enter or use. From 1 May 2011, any new building open to the public, or existing building undergoing significant renovation, is required to comply with the Disability (Access to Premises – Buildings) Standards 2010.

Part F2 SANITARY AND OTHER FACILITIES sets out the requirements of the Access Code in relation to the provision of sanitary facilities suitable for use by people with disability. Not only must people with disability be able to access a building's sanitary facilities, those facilities must be usable by them. The Act requires that people with disabilities be given equal opportunity to participate in and contribute to the full range of social, political and cultural activities. Access for people with disabilities, including access to the goods, services and facilities provided by non-government organisations, can no longer be an afterthought. The DDA is not about limited or 'parallel' access, but promotes and protects equality of access - physical, informational and attitudinal.

The current standard AS1428 in itself is not compliant with DDA legislation as it openly discriminates against those with profound disabilities when it comes to accessing and using suitable change and toileting facilities. There is an urgent need to make AS1428 relevant to meet the needs of all people with a disability and not just some.

The NSW Disability Inclusion Plan was launched by the Minister for Disability Services the Hon John Ajaka on 26 February 2015 at the Sydney Opera House. The plan is the NSW Government’s commitment to identifying and breaking down the barriers which prevent those with disability from enjoying the same opportunities and choices as everyone else. It aligns with the Australian National Disability Strategy 2010-2020 https://www.dss.gov.au/sites/default/files/documents/05_2012/national_disability_strategy_20 10_2020.pdf and our obligations under the United Nations Convention on the Rights of Persons with Disabilities.

The plan has four focus areas that are aimed at creating long term change and require consistent efforts from government and the wider community. The focus areas are: • Developing positive community attitudes and behaviours • Creating liveable communities • Supporting access to meaningful employment • Improving access to mainstream services through better systems and processes

Most states have similar Disability action plans and or legislation; see links below

The Disability Framework for Action 2013-2017 :A Tasmanian Government Plan for People With Disability http://www.dpac.tas.gov.au/__data/assets/pdf_file/0005/181598/Disability_Framework_for_Act ion_2013-2017_PDF.PDF

The Victorian State Disability Plan. 2013–2016 http://www.dhs.vic.gov.au/__data/assets/pdf_file/0009/749862/Victorian-state-disability-plan- 2013-2016-180113.pdf

Queensland Disability Plan 2014–19 http://www.communities.qld.gov.au/resources/reform-renewal/qld-disability-plan.pdf

NSW Disability Inclusion Act 2014 http://www.adhc.nsw.gov.au/about_us/legislation_agreements_partnerships/nsw_disability_incl usion_act

The Queensland Disability Plan 2014-19 http://www.communities.qld.gov.au/gateway/reform-and-renewal/disability- services/queensland-government-disability-plans/queensland-disability-plan-2014-19

The Australian Human Rights Commission has a register of 500 Disability Discrimination Act Action Plans, please find link below https://www.humanrights.gov.au/our-work/disability-rights/standards/action-plans/register- disability-discrimination-act-action#state Changing place toilets clearly align with national public policy are a great practical way of bringing to life the principles, values and actions enshrined in all of the above disability action plans and legislation. Each of these plans promotes the principles of equity and social inclusion while reinforcing positive community attitudes about people with disabilities.

Section 6 - Other issues

Is there anything else you would like to tell us about the Premises Standards? Yes X No

I wish to make a point in relations to the net benefit of including Changing Place facilities in the NCC. This information is provided from unpublished correspondence with Dr. Jack Frisch; Adjunct Senior Lecturer, Griffith University.

A cost-benefit methodology is not appropriate for the provision of Changing Place Toilets for a number of reasons.

The issue is essentially a Social Justice/Human Rights issue rather than an Economics issue. (See Economics Nobel Prize winning author Amartya Sen’s ”The Idea of Justice 2009", for his most accessible analysis of the limitations of both Economics and Cost-Benefit Analysis).

A more appropriate empirical methodology relating to people with disabilities is the capability approach developed by Sen and Martha Nussbaum 2011 .The capability approach can be developed into an alternative evaluative tool which can replace traditional social cost-benefit analysis (Alkire 2002). A nuanced development “Closing the Gap” empirical methodology that is applied to Aboriginal policy is more appropriate to policy relating to people with disability.

It is relatively simple to measure the financial cost of a single “Changing Place” toilet but measuring the benefit is extremely complex and would be fraught with so much significant variation across location and with so many methodological difficulties that it would be a useless exercise.

A benefit measure in a particular location would depend on usage and usage would depend not only on the size of the population but also on how close the toilet is to parking and other accessible amenities. A benefit measure would also depend on the age, employment status and physical/emotional strength of attendants as well as the person with the disability.

A benefit model based on market prices would be inappropriate where there are distortions due to direct and indirect as well as explicit and implicit discrimination against people with disabilities in employment, education, health and design. A benefit measure would also necessarily be based on “averages” which are meaningless when the object of enquiry relates to people at the margins i.e. those who display “non-average” physical and mental characteristics. Finally, it is important to note that the demand for Change Place toilets is based on a need rather than a desire and that Cost-Benefit methodology is based on desires and has no objective capacity to analyse needs. Two of the characteristics that distinguish need from desire are that that the quantity needed is demanded is invariant to price (i.e. zero price elasticity) and that one unit of the needed is both sufficient and necessary. This contrasts with economic methodology which focuses on continua rather than discrete thresholds.

It should also be noted that the demand for a Change Place toilet for a person that needs them is a precondition to employment, recreational and citizenship opportunities. For this reason, the benefit of such a toilet in a specific location is a potential precondition to employment, recreational and citizenship opportunities and in this regard, the public record on the gap between people with disability and the general population is well known. People with profound activity restrictions have higher unemployment, face higher costs of living, have less discretionary time available in the day and significantly more likely to be poor than their socio-demographic peers.

A seamless public infrastructure of buildings, transport, education and communication sits at the base of a hierarchy of policy structures essential for opening up community and employment participation and eliminating poverty and dependence of people with disability. Indeed public infrastructure is an essential component of any national and local economy.

Toilets associated with public infrastructure are taken for granted by most people but they are not taken for granted by people with disability who have to plan and research outings around toilets that suit their capabilities. The Building Code of Australia has in recent years undoubtedly led to significantly more accessible toilets and it has increased the variation in design features, but there is still a gap which would be filled by Change Place toilets

Amartya Sen; The Idea of Justice, Cambridge, Mass.: Belknap Press/Harvard University Press, 2009

Alkire, S., 2002, Valuing Freedoms: Sen's Capability Approach and Poverty Reduction, New York: Oxford University Press.

Robeyns, Ingrid, "The Capability Approach", The Stanford Encyclopedia of Philosophy (Summer 2011 Edition), Edward N. Zalta (ed.), URL = toilets is based on a need rather than a desire and that Cost-Benefit methodology is based on desires and has no objective capacity to analyse needs.