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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Modification of building regulations 3
5 New section 160B inserted 3
160B Application for modification of building regulations
relating to access for persons with disabilities 3
6 Definition of Plumbing Code of Australia substituted 9
7 Repeal of Amending Act 10
ENDNOTES 11
571017B.I-8/2/2011 i BILL LA INTRODUCTION 8/2/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Building Amendment Bill 2011
A Bill for an Act to amend the Building Act 1993 and for other
purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are to amend the
Building Act 1993--
(a) to provide for an application to be made to
5 the Building Appeals Board for the
disapplication, modification or variation of
certain provisions of the building regulations
relating to the provision of access to
buildings and facilities and services within
10 buildings for persons with disabilities; and
571017B.I-8/2/2011 1 BILL LA INTRODUCTION 8/2/2011
Building Amendment Bill 2011
s. 2
(b) to provide for recognition of the National
Construction Code Series, which is a
document to be published by the Australian
Building Codes Board that will contain the
5 Building Code of Australia and the Plumbing
Code of Australia.
2 Commencement
This Act comes into operation on 1 May 2011.
3 Definitions
10 See:
Act No.
(1) In section 3(1) of the Building Act 1993 insert
126/1993. the following definition--
Reprint No. 8
as at "National Construction Code Series means the
6 May 2010
and
National Construction Code Series published
amending by the Australian Building Codes Board as
Act Nos
15 23/2010,
amended or remade from time to time;".
29/2010,
33/2010 and (2) In section 3(1) of the Building Act 1993, for the
72/2010. definition of Building Code of Australia
LawToday:
www. substitute--
legislation.
vic.gov.au "Building Code of Australia means the Building
20 Code of Australia comprising--
(a) Volume One of the National
Construction Code Series including any
variations or additions in the Appendix
Victoria set out in the Appendices to
25 that Volume; and
(b) Volume Two of the National
Construction Code Series including
any Victoria additions set out in
Appendix A of that Volume;".
571017B.I-8/2/2011 2 BILL LA INTRODUCTION 8/2/2011
Building Amendment Bill 2011
s. 4
4 Modification of building regulations
After section 160(3) of the Building Act 1993
insert--
"(4) An application must not be made under this
5 section in relation to an access provision of
the building regulations within the meaning
of section 160B.".
5 New section 160B inserted
After section 160A of the Building Act 1993
10 insert--
"160B Application for modification of building
regulations relating to access for persons
with disabilities
(1) An application may be made to the Building
15 Appeals Board for a determination that an
access provision of the building
regulations--
(a) does not apply; or
(b) applies with the modifications or
20 variations specified in the application--
to a building, or land on which a building is
to be constructed, specified in the
application.
(2) The application may be made by--
25 (a) the owner of the building or land; or
(b) the purchaser under a contract of sale
of a lot of a kind referred to in
section 9AA(1) of the Sale of Land
Act 1962; or
571017B.I-8/2/2011 3 BILL LA INTRODUCTION 8/2/2011
Building Amendment Bill 2011
s. 5
(c) a lessee of the building, who proposes
to have, or is having, building work
carried out in respect of the building; or
(d) any person acting on behalf of a person
5 referred to in paragraph (a), (b) or (c),
other than the relevant building
surveyor.
(3) An application must be made on the ground
that compliance with the access provision of
10 the building regulations would impose
unjustifiable hardship on the applicant.
(4) In determining whether compliance with an
access provision of the building regulations
would impose unjustifiable hardship on the
15 applicant, the Building Appeals Board must
take into account all relevant circumstances
of the particular case including the
following--
(a) any additional capital, operating or
20 other costs, or loss of revenue, that
would be directly incurred by, or
reasonably likely to result from,
compliance with the provision;
(b) any reductions in capital, operating or
25 other costs, or increases in revenue, that
would be directly achieved by, or
reasonably likely to result from,
compliance with the provision;
(c) the extent to which the construction of
30 the building has or will be financed by
government funding;
(d) the extent to which the building--
(i) is used for public purposes; and
(ii) has a community function;
571017B.I-8/2/2011 4 BILL LA INTRODUCTION 8/2/2011
Building Amendment Bill 2011
s. 5
(e) the financial position of the applicant;
(f) any effect that compliance with the
provision is reasonably likely to have
on the financial viability of the
5 applicant;
(g) any exceptional technical factors
(such as the effect of load-bearing
elements on the structural integrity of
the building) or geographic factors
10 (such as gradient or topography),
affecting a person's ability to comply
with the provision;
(h) financial, staffing, technical,
information and other resources
15 reasonably available to the applicant,
including any grants, tax concessions,
subsidies or other external assistance
provided or available;
(i) whether the cost of alterations to make
20 any premises accessible is
disproportionate to the value of the
building, taking into consideration the
improved value that would result from
the alterations;
25 (j) benefits reasonably likely to accrue
from compliance with the provision,
including benefits to persons with
disabilities, to building users or to other
affected persons, or detriment likely to
30 result from non-compliance;
(k) detriment reasonably likely to be
suffered by the applicant, building
developer, or building manager, or by
persons with disabilities or other
35 building users, including in relation to
means of access, comfort and
571017B.I-8/2/2011 5 BILL LA INTRODUCTION 8/2/2011
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s. 5
convenience, if compliance with the
provision is required;
(l) if detriment under paragraph (k)
involves loss of heritage significance,
5 the extent to which the heritage features
of the building are essential, or merely
incidental, to the heritage significance
of the building;
(m) any evidence regarding efforts made in
10 good faith by the applicant or a person
required to comply with the provision,
including consulting access consultants
or the relevant building surveyor;
(n) if the applicant has given an action plan
15 (within the meaning of Part 3 of the
Disability Discrimination Act 1992 of
the Commonwealth) to the Commission
under section 64 of that Act, the terms
of the action plan and any evidence of
20 its implementation;
(o) the nature and results of any processes
of consultation, including at local,
regional, State, national, international,
industry or other level, involving, or on
25 behalf of the applicant, a building
developer, building manager or the
relevant building surveyor and persons
with disabilities, about means of
achieving compliance with the
30 provision, including in relation to the
factors listed in this subsection.
571017B.I-8/2/2011 6 BILL LA INTRODUCTION 8/2/2011
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s. 5
(5) If a substantial issue of unjustifiable hardship
is raised having regard to the factors
mentioned in subsection (4), the Building
Appeals Board must consider the following
5 additional factors--
(a) the extent to which substantially equal
access to public premises is or may be
provided otherwise than by compliance
with the access provision of the
10 building regulations;
(b) any measures undertaken, or to be
undertaken, by, on behalf of, or in
association with, a person or
organisation in order to ensure
15 substantially equal access.
(6) A determination under this section must
provide for compliance with an access
provision of the building regulations to the
maximum extent not involving unjustifiable
20 hardship.
(7) For the purposes of this section,
unjustifiable hardship is to be interpreted
and applied having due regard to the rights
and interests of all relevant parties.
25 (8) In this section--
access provision of the building regulations
means--
(a) a performance requirement--
(i) that is contained in
30 Section D, Part E3 or Part F2
of the Building Code of
Australia Volume One as
forming part of the building
regulations; and
571017B.I-8/2/2011 7 BILL LA INTRODUCTION 8/2/2011
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s. 5
(ii) in respect of which there is
an equivalent performance
requirement contained in the
Access Code within the
5 meaning of the Disability
(Access to Premises -
Buildings) Standards 2010 of
the Commonwealth; and
Note
10 The Disability (Access to Premises
- Buildings) Standards 2010 of the
Commonwealth are available from
the Australian Government
Attorney-General's Department
15 website at www.ag.gov.au.
(iii) to the extent that the
performance requirement
relates to the provision of
access to buildings and
20 facilities and services within
buildings for persons with
disabilities; and
(b) a provision of a document applied,
adopted or incorporated by
25 reference in a performance
requirement referred to in
paragraph (a);
applicant means a person referred to in
subsection (2)(a), (b) or (c) who has
30 applied under this section or on whose
behalf another person has applied under
this section;
Building Code of Australia Volume One
means Volume One of the National
35 Construction Code Series including any
variations or additions in the Appendix
Victoria set out in the Appendices to
that Volume;
571017B.I-8/2/2011 8 BILL LA INTRODUCTION 8/2/2011
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s. 6
building developer means a person with
responsibility for, or control over, the
design or construction of the building
and includes any of the following--
5 (a) a building practitioner of a
category referred to in
paragraph (e), (f) or (h) of the
definition of building
practitioner;
10 (b) an architect within the meaning of
section 3(1) of the Architects Act
1991;
building manager means a person with
responsibility for, or control over, the
15 management of the building.
(9) Division 5 (other than section 161) does not
apply to an application under this section.".
6 Definition of Plumbing Code of Australia
substituted
20 In section 221B(1) of the Building Act 1993, for
the definition of Plumbing Code of Australia
substitute--
"Plumbing Code of Australia means the
Plumbing Code of Australia set out in
25 Volume Three of the National Construction
Code Series including any variations or
additions in the Appendix Victoria set out in
Appendix A of that Volume;".
571017B.I-8/2/2011 9 BILL LA INTRODUCTION 8/2/2011
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s. 7
7 Repeal of Amending Act
This Act is repealed on 1 May 2012.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (See section 15(1) of the
Interpretation of Legislation Act 1984).
571017B.I-8/2/2011 10 BILL LA INTRODUCTION 8/2/2011
Building Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571017B.I-8/2/2011 11 BILL LA INTRODUCTION 8/2/2011
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