Mandatory vs non-mandatory

Is there such a thing as non-mandatory when it comes to the Disability Discrimination Act? Access consultant Bryce Tolliday writes a thoughtful piece in Access Insight on this topic. He bemoans the way building certifiers, designers and others who request design changes. This is because, they believe the consultant’s design advice is non-mandatory. They just think it is “nice to have”. However, in the mandatory vs non-mandatory debate, it’s the Disability Discrimination Act (DDA) they should be thinking about.

There is a misunderstanding of the laws affecting new building work as well as the value a good access consultant can bring to the project.

Front page of the Access to Premises Standard.

A mandatory requirement is something you must to do and is non-negotiable. Tolliday argues that it’s not possible to have a non-mandatory outcome under the DDA. That’s because the objects of the law are to eliminate, as far as possible, discrimination on the grounds of disability.

Which law comes first?

It’s the mix of different laws, standards and regulations that confuse people. Some are enacted at a federal level and some are enacted by states and territories. Federal laws always trump state and territory laws.

People who want to press the non-mandatory argument rely on the NCC being the primary building regulation in Australia. But this is not the case. Each state and territory has to adopt the NCC elements into their respective building codes. Consequently, the Commonwealth law, the DDA together withe Disability Standards, becomes the law to follow.

The problem for designers and certifiers is that the DDA does not specify design standards or outcomes in the same way as the NCC. How can one know whether a design feature will discriminate or disadvantage a person with disability? Tolliday’s response is:

If they cannot provide an evidence-based reason demonstrating that disadvantage will not occur then what the access consultant is proposing is a mandatory requirement under the DDA.

A screenshot of part of the Australian Human Rights Commission's overview of disability discrimination.

The outcomes expected by the DDA are not covered by Australian Standards related to disability access. This is due to the minimal requirements of the Standards that do not cover the full diversity of disability.

Case study confirms what’s mandatory

In the case of Ryan v the Sunshine Coast Hospital and Health Service the mandatory requirements went beyond the NCC, the Premises Standards and AS1428. The late Peter Ryan who was blind brought the action. He argued he was disadvantaged by the design of the Hospital. Shorelines, glare, and luminance contrast were not covered by the NCC but covered by other design guidelines and international standards. Tactile and braille signage for the entire hospital was not covered by the NCC or AS1428 either.

Ryan frequently got lost when he visited as an outpatient. He posthumously won the case and it will cost the Hospital millions to address the 17 breaches of the design.

External view of Sunshine Coast University Hospital.

The Judge found Peter Ryan and been indirectly discriminated against. The Hospital had not considered key features that could impact patients who were blind or had low vision.

The key issue for Tolliday is that the Australian Building Codes Board, which looks after the NCC, has said it will not regulate internal fitouts. Office buildings, for example, are not fitted out at completion, so that is reasonable. However, schools, hotels and hospitals are fitted out at completion.

The title of Bryce Tolliday’s article is Mandatory vs Non-Mandatory published in Access Insight.

Information in an emergency

Getting information in an emergency can mean the different between life and death. Or at least the difference between feeling helpless and knowing what to do. But communication is a complex process and not everyone responds to the same methods. So what is accessible information? It’s information provided in different formats.

Easy Read and Easy English use pictures as well as words. These are good for the 44% of the population with a low level of literacy. Targeting this group means people with higher levels of literacy can also get the message. It’s universal design.

A blackboard with words: learn, language, adjectives, nouns, verbs, adverbs written in chalk

Other formats are braille and Auslan, and captioning for videos. The Disability Discrimination Act lists places and services that must not discriminate, but there is nothing specific about information methods. This is something that needs to be made clearer in the legislation. However, the Commonwealth and state governments have policies to cover the provision of information.

Accessible emergency and crisis information

Researchers found four things to improve crisis information.

  1. Accessible information providers, such as Easy Read professionals, are not experts in the subject at hand. They need support from experts such as doctors or police.
Black and white logo for easy read, has a tick and a open book

2. Accessible information providers need to stay up to date with changing details. Having one direct source is the best way to manage this.

3. Making high quality accessible information takes time and skill. It’s essential to have the capacity and capability ready to act – don’t wait for the crisis to happen.

4. Agencies need to be upskilled. Sometimes crisis information needs to be available immediately such as an evacuation order. Emergency services need more baseline skills to make this information themselves.

The title of the article from The Conversation is, Crisis communication saves lives – but people with disability often aren’t given the message. The call for action is to have accessible crisis information included in a new Disability Rights Act.

Four men with orange lifejackets are standing in a yellow State Emergency Service boat on a swollen river.

Media organisations, businesses and services need to get on board too. The more people who produce accessible information, the better.

War time crisis communication

A Masters thesis on crisis communication for older people in a war-related scenario uses personas as a means of highlighting the issues. Knowing where the meeting points are at a time of crisis are essential, but how best to communicate these. Information channels need to go beyond the Internet and be easily understood. Planning for a crisis from an older person’s perspective automatically includes all ages.

This thesis explains in detail the process used to suggest changes needed for older people to be accommodated in crisis planning.

A poster with a tank and soldier in the background and an atomic bomb mushroom cloud in the foreground. The text reads, War Bunkers! Swedish Emergency Shelters. How to find your nearest shelter.

The title of the thesis is, Crisis communication for elderly: Designing information channels ensuring elderly access to shelters and meeting points in a war-related scenario. The translation from Swedish is not smooth but the points are clear. Note that the use of the word “elderly” is not preferred in Australia, but translations often default to this.

From the abstract

Crisis preparedness has become a greater focus in Sweden since the Russian invasion of Ukraine in spring 2022. Therefore, information at a national level is required to ensure safety.. However, there is a risk that older people could have difficulties understanding information provided.

The Internet is often used as an information channel, but not everyone can access this. This study investigated different crisis communication channels in Sweden and how they can be tailored for older people. Shelters and meeting points also need to be designed to include older people.

Observations of shelters in Gothenburg and interviews with municipalities were carried out. To guide authorities for future development of crisis information a combination of guidelines,
personas and concept proposals are suggested. The concepts proposed are a physical shelter map that can be printed directly from the shelter map MSB (Swedish civil contingency agency).

Proposed concepts for meeting points are a brochure with information about the
meeting points that each municipality will offer their citizens. Proposed solution for prioritising the elderly at a meeting point is also suggested with a queuing system and an “area for elderly”.

To understand the concepts and feelings involved, storytelling for both proposals was developed explaining the user journey. This project can be used for further exploration of concepts proposals and development of crisis communication channels and planning for meeting points.

Defensive architecture, hostile design

Bleacher seating along the river front is covered with different coloured bean bags.Design can have a dark side, often as a result of unintended consequences. This can happen when designers have just one group of people in mind, or when good design ideas are changed at the last moment. The Fifth Estate article about the Howard Smith Wharves in Brisbane illustrates how good design can morph into bad design.

The wharf development was supposed to be a vibrant playground for ‘lovers of the good life’. The development included restaurants and an active transport corridor along the river. The path required separation with line markings, but all this changed just before opening.

A gravel path was installed with the idea that this would be a “go slow” zone. Of course the community objected. A key city thoroughfare was disrupted and the gravel reduced accessibility. And new safety hazards arose because of no line markings. Who then were the ‘lovers of the good life’? Image above from Facebook. 

The title of the article is, Urban design has a dark side to it’s creativity – two projects in Brisbane show how. Somehow, the Planning Institute of Australia thought this was worthy of an urban design award. 

Defensive architecture – hostile design

A concrete bench with spike barriers to prevent people from sleeping and even sitting.Design is powerful. It can include or exclude. While many designers are doing their best to be inclusive, others are deliberately creating hostile designs. Why do this? It’s under the heading of “defensive architecture” – ways to prevent crime. But should this be solved with design – it’s the opposite of universal design.

An article from UNSW begins, “Spike, bars and barricades are not typically things you would associate with a park. But it turns out they are part of a growing suite of hostile design interventions in public spaces.”

Creating urban discomfort

Spikes are embedded in flat surfaces underneath bridges to deter rough sleepers. Seats and flat surfaces made too uncomfortable to sit on for any length of time. Flat surfaces act as seating for those tired legs. Meanwhile, it goes against all the principles of universal design and encouraging people to get out and about.

The article is titled, Defensive architecture: design at its most hostile. It has examples and pictures and discusses the issues of designing to exclude. 

There is a similar article in The Guardian, Anti-homeless spikes: ‘Sleeping rough opened my eyes to the city’s barbed cruelty

Image courtesy UNSW newsroom.

What good is design if not for everyone?

Johan Carey in jeans and black polo shirt is on the stage at a Ted Talk on what good is design if it's not for everyone.“I believe design functions like the soundtrack that we are not fully aware we are playing. It sends subconscious messages about how to feel and what to expect” says John Carey in his Ted Talk. So what good is design if it’s not for everyone?

John Carey calls fellow architects to create places and spaces for people other than themselves – who, for the most part are white males. “Dignity is to design is what justice is to law and health is to medicine”. “The design reflects back to you your value”. “If good design is only for a privileged few, what good is it?” “Good design shapes our idea of who we are in the world and what we deserve.”

Unlike law and medicine, architecture has failed to attract and sustain women and people of colour. This is a passionate talk that does not mention accessibility specifically, but is a call to consider everyone in designs. Check it out.

Ableism in health care

You’d think health care workers would know about disability, but apparently, disabilities are not discussed or taught in a health care context. Questions over quality of life, ability to decide and choose are all issues that affect people with disability when interacting with the health profession.

An article written by two nurses calls out ableism in health care. Ableism occurs when a person with disability experiences discrimination or prejudice from a health care provider.

A man in a turquoise hospital gown, cap and mask is holding a thumbs up sign. He looks like a nurse or a doctor.

They can underestimate the person’s quality of life or competence which affects their level of care. Patients need to feel safe and not to be fearful of being judged or not being heard.

Case study

The article uses a case study of a 60 year old women with Down syndrome to illustrate the issues during the COVID pandemic. This case is not about the care provider being ableist, but being an advocate for the woman. The doctor was pressured by family members to activate the do not resuscitate (DNR) code when the woman entered ICU. The doctor persisted in advocating for the patient and she eventually recovered.

Communication with patients is key. Patients with cognitive disabilities may face attention, memory and comprehension challenges. Nurses must therefore adapt their communication style, learn about the disability and avoid negative language that insults or demeans.

The authors encourage nurses to advocate for people with disability within health care services and in the design of environments.

Entrance to the emergency section of a hospital.. Co-design and ableism in health care.

Ableism isn’t just about patients – it includes family members, and other health care workers. Knowledge can help overcome stereotypes and stigma and improve health and wellbeing for all. Knowledge also helps nurses and other health professionals to feel confident when engaging with people with disability.

This short summary of Ableism in Health Care is open access, and you can access the full paper in the American Journal of Nursing.

Understanding health inequities

A related book, Health Disparities in the Medical Record and Disability Determinations, contains the proceedings of a workshop. It is open access and the introduction says:

“People with disabilities can be any age, face chronic health conditions or mental illness, belong to a minority group, experience low income or housing insecurity, have limited English proficiency, or a combination of many of these conditions. To better understand the effect of health inequities and the manner in which they affect Social Security Administration’s (SSA) disability programs, the National Academies hosted a public workshop in April 2024 that examined the variety of different experiences of individuals with disabilities and the consequences of those experiences on an individual’s health status, medical record, and SSA disability determinations.”

Checklists don’t make inclusive culture

Whether it’s digital technology, the built environment, or a tourist destination, checklists don’t make an inclusive culture. When it comes to digital accessibility checklists Sheri Byrne-Haber says, “Just say no”. That’s because general accessibility checklists do more harm than good in establishing a good accessibility program. It doesn’t lead to an inclusive culture.

“… requiring accessibility or guilting or punishing people for failing to provide accessibility is at the bottom half of the accessibility motivation hierarchy.”

Hierarchy pyramid for motivating accessibility change. Starting at the bottom with guilt, then punish, require, reward, enlighten, and at the top, inspire.

According to the Hierarchy, Guilt is about not caring enough. The threat of Punishment is based on, “Do this or you will get sued”. Require focuses on technical requirements – the minimum required by law. Rewards, such as certification statements, awards, and badges can bring about change. However, they are often for the benefit of the maker or designer rather than the user.

Enlightenment comes when people see that accessibility is not just the smart thing to do, or the right thing. When people are motivated for good, that’s enlightenment. This is when they can see the powerful benefits end users gain. A better product emerges and business improves so not being accessible doesn’t make sense.

“Inspiration occurs when you see and experience the distinct impact the accessibility (or lack thereof) of your product can have on the lives of an individual with disabilities.”

A blackboard has the words, It's time to inspire written in white chalk.

Byrne-Haber discusses the issues of checklists from the perspective of digital technology, but her arguments apply across the built environment as well. Indeed, you could also add businesses that are claiming Diversity, Equity and Inclusion (DEI) credentials. WebAIM’s effectiveness pyramid, Hierarchy for Motivating Accessibility Change, puts it into perspective.

When are checklists OK?

Once an inclusive culture is established, targeted checklists are appropriate for guiding new people to make sure they don’t “break the system”. In the website world, Byrne-Haber says that people adding material to a website need some do’s and don’ts. But this could also apply in other areas too. Maintaining the inclusive design intent of a building requires all stakeholders to keep to the theme. So, for example, a checklist for interior designers might be appropriate in these circumstances.

Architectural education and gender equality

The Rethinking the Future blog site has an article on architectural education and gender equality. First, it asks if architecture is gender driven both as a profession and in academia. Second, it asks if the diverse experience of students is really fostering and representing diversity. The third point is, how can a more inclusive learning environment be created. The article concludes with a plea for change.

“Analysing the traditional architectural education system, one can observe the persistence of a masculine Paradigm.”

Three men in hard hats stand on a building site looking at architectural design plans.

The word “architect” conjures up an image of a man so that if a woman is an architect she is referred to as a female architect, not just “architect”. However, moves to address this gender imbalance is being addressed as more women are accepted into architectural institutions. But how many female star architects are there?

Fostering student diversity

Analysing enrolment data for gender ratios helps identify any significant disparities amongst different countries. The visibility and experience of LGBTIQ students in architecture schools can be carried out through surveys or interviews. Social, political and psychological aspects can be revealed by identifying unique challenges students with multiple marginalised identities face. These can be race, ethnicity, religion, and gender diversity.

Faculty and curriculum

Faculty members should move beyond traditional teaching methods by adopting methods to cater for diverse learning styles. Creating an equitable education experience will bring more diversity within learner enrollments and future teaching staff. With a diversity of ideas and mentors there is a better chance of including the LGBTI community and women.

The title of the blog article is Architectural education and gender equality: A comparative study.

In praise of pocket parks

Pocket parks are often an afterthought by developers, architects and councils. Typically, they are bits of left over space that can’t be used for a building or a road. With increased population density, this public space needs to be planned. And it needs to be accessible and inclusive.

“These pocket parks are a terrific opportunity to answer that problem and to provide public space for the local community where previously there may not have been any.” Mike Harris, UNSW.

A shady area with seating in a residential setting.

Pocket parks are being created in spaces not previously considered for green space in Sydney. Large parks such as Centennial Park in Sydney are planned, but master plans need to plan smaller parks in subdivisions as well.

Pocket parks are not all the same. A town centre might have more seating whereas a residential one could feature play equipment. They can also be part of mitigating heat effects. In existing developments, creating a pocket park might mean reclaiming portions of the street.

“We must consider public spaces as social infrastructure and value them in terms of their wellbeing benefits,” Ela Glogowska, UNSW.

A neat paved area with a seat, hedging, shrubs and trees. Two storey homes are in the background.

Larger parks are still a must, but smaller places within easy walking distance are also essential. It is worth applying the three basic principles of the Everyone Can Play guide. Can I get there, Can I play, Can I stay. Connection to Country is another factor often forgotten.

The title of the article Architecture & Design is Pocket parks: Small in size, huge in benefits.

Luminance contrast: a slippery concept

The Technical Insights section of the Autumn 2023 edition of Access Insight is about luminance contrast. This is a hot topic of discussion because it is a slippery concept. What is it and how do you measure it are the starter questions, followed by why do we need it.

This image, courtesy the Egress Group, shows discrete silver tactiles against a dark red carpet. The light grey stair nosings are also contrasted against a black carpet.

Silver discrete tactile indicators on a red carpet on a stair landing showing good luminance contrast.

Howard Moutrie explains that luminance is the amount of light reflected from a surface. The contrast is the amount of light reflected from abutting surfaces. For example the wall and the floor. This is not the same as colour contrast. Red and green are stark colour contrasts but will often provide the same amount of luminance. Therefore there it is not luminance contrast.

So how do you determine luminance contrast? This is where it becomes slippery. Are you measuring this in a laboratory under controlled conditions? Are you measuring it on the street on a rainy day? Or are you measuring it a nighttime? An appendix to the Australian Standard (AS 1428.4.1) is part of the standard with the most up to date calculation.

Moutrie goes on to explain how testing on tactile indicators is not the same as testing on other surfaces. Then there is the issue of how different instruments provide different measurements for the same thing.

The original requirement for a 30% contrast was based on an integrated tactile where the whole surface provided the contrast. Individual tactiles, such as individual stainless steel ones, are supposed to have 45% contrast. Moutrie is critical of the way luminance is measured but the industry has geared up to meet these measurements. He says more research is still needed.

Why do we need it?

People with low vision need the contrast to navigate the environment, including at home. It helps distinguish a door from a wall, and the wall from the floor. It’s also good for people with impaired visual perception. For example not being able to see a white toilet pan in an all white bathroom.

There is more on this topic in, Luminance contrast: how do you measure it? With the cost of measuring apparatus, much is left to doing it by eye. Or relying on manufacturers claims.

The title of Moutrie’s article on page 22 is Luminance Contrast – is what you see, what you get?

Cohousing a natural for universal design

Cohousing is about community. It’s about creating a collection of homes in a way that emphasises community interaction. It aims to recapture the positive aspects of village life in a modern context. Matt Daly and Myfan Jordan say that cohousing is a natural for universal design. That’s because it offers an alternative to the inaccessible mass market housing currently available.

Cohousing originated in Denmark in the 1960s. The idea has spread to other countries, but has been slow to take off in Australia.

Graphic of cohousing showing houses, community garden, playground, pool, parking and the common house.

Cohousing groups begin by committing to land purchase and designing and building their homes. When established, members share in the running of the small community. For example, Women in Cohousing is a group of women aged 50 to 80 years. They purchased land in rural Victoria and will design a village of 30 units, a common house, workshop and gardens. Collaboration, sustainability, accessibility are key elements of their community.

The more established communities now have residents who are ageing. Consequently, more thought is being given to designing with accessibility in mind. Recent studies show that social isolation is an issue for all ages. Social interaction across the ages is a cornerstone of the cohousing model.

You can read more detail in Daly and Jordan’s short article, Cohousing: a ‘natural’ for universal design. There is also a reference to UTS research for cohousing for older people. A separate paper discusses three models of cohousing for older people.

In the video below, residents of two cohousing communities provide a personal view of cohousing. They explain how they work and the importance of having people of all ages living together. 8 minutes.

A neurodiverse perspective

Mollie Pittaway gives a neurodiverse perspective on the world in a Medium magazine article. She describes 10 ways autistic people are different to neurotypical people. She makes it clear in the beginning that she doesn’t speak for all autistic people. Pittaway just wants to emphasise cultural differences. Understanding these differences are useful in the workplace for managing and interacting with staff who might be autistic.

Understanding how autistic or neurodiverse people see the world and process information is key to being inclusive in any situation. They don’t need to be the odd one out.

A pack of 12 eggs. 11 are brown and one is white. It represents a neurodiverse perspective of the odd one out.

We all have different ways of experiencing the world and interacting with one another. However, sometimes it is difficult to empathise with each other when our experiences are quite different. Pittaway presents ten differences to neurotypical people are briefly outlined below. See the article in Medium for a more detailed explanation.

10 ways autistic people are different

Small talk: This can feel fake or unimportant, because autistic people want to talk about deeper, meaningful things. Consequently, they don’t join in conversations about pop culture, TV shows or sports games. This means they appear shy or aloof.

Eye contact: Eye contact is considered “normal” and courteous to neurotypical people. Pittaway says she loses her train of thought when looking at someone. This makes it look like they are bored or indifferent.

Directness and empathy

Directness: Neurotypical people can deal with ambiguity in communication rather than saying exactly what they are looking for. Pittaway says she needs as much clarification as possible and finds it difficult not to be direct. This can be perceived as being blunt or rude.

Empathy: When someone is upset many neurotypical people listen and talk things through. Pittaway, however, says her way is to talk about her similar experiences as a way to show she understands. Finding the right words is difficult. However, this can be viewed as moving attention to themselves and therefore being selfish.

Social situations

Social connection: Pittaway says that in comparison to neurotypical people she has a low “social battery”. This means she doesn’t seek frequent social connection such as going to the pub or a party. Recharging her social battery might mean refusing invitations to events.

Interests: Differences are less obvious when it comes to talking about interests. Some autistic people can remember a wide range of facts, but these facts can be boring to others. Everyone has the ability to bore people with their special interests.

Spontaneity: Last minute plans or sudden changes in plan can be challenging for autistic people. Changing routines is difficult and can take extra energy when recharging is required.

Sensory overload: Background noise, traffic, nightclubs and crowding make it a struggle for autistic people to concentrate. They can’t filter the information in the same way as others and just try to hide their distress.

Morals and conforming

Hypermoralism: Autistic people see things in black and white whereas neurotypical people see nuance in things. Pittaway says holding the high moral ground is one of the best traits because they want the best for others. However, they might be seen as the “goody two-shoes” and their concerns are ignored.

Conforming: Going along with the status quo is difficult because autistic people need to understand why things need to be done a certain way. That can make for a lot of questions. This makes it inconvenient for those at the top because it feels like their authority is being questioned.

Pittaway concludes by saying there isn’t any right or better way to communicated. But it is important to respect differences.

The title of the article is 10 Significant ways autistic people are different to neurotypical people. As stated above, this is one person’s experience of being autistic. However, the autism spectrum captures many types of neurodiversity. This is one view.

Neurodiversity is an identity not a disorder

Psychologist John Elder Robison provides a personal view of neurodiversity in his writings. A review of his book in the Psychology Today blog outlines his experience. A key point is that if one in seven children in the US are now identified as neurodiverse, is this really an exception to “normal”? The title of the book is Look me in the Eye: My Life With Asperger’s.