A National Access Standard for Housing: How to Achieve National Housing Regulation in a Federal System of Government

Digby Hughes, Senior Policy Officer, People with Disability Australia, Australia

Australia was founded as a country in 1901. According to section 107 of the Constitution 'Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.'

Section 51 sets out those areas where the Commonwealth will 'have power to make laws'. Housing is not mentioned. This is not overly surprising as when the Constitution was drafted in the 1890s the provision of housing stock was not viewed as a priority. Such matters as 'Postal, telegraphic, telephonic, and other like services' and 'lighthouses, lightships, beacons and buoys' were however seen as being of national importance.

Altering the Australian Constitution is problematic. The only way for this to occur is by referendum carried by a majority of people in a majority of States. The Australian Capital Territory and the Northern Territory carry no weight in the count of States. With only six States it is therefore necessary for four of them to be in favour of the proposition. It is not unknown for a majority of people to be in favour, but without a majority of States the referendum has failed. Since 1901 there have only been eight amendments to the Constitution.

Local governments across Australia are also given latitude in deciding applications for buildings. This power is tempered as local governments are empowered under State constitutions and each state gives varying levels of authority. Further complicating this scenario is that it is not unknown for State governments to withdraw, either in total or in part, planning authority from local governments in certain areas.

On top of these is the Building Code of Australia which aims to enable the achievement and maintenance of acceptable standards of structural sufficiency, safety (including safety from fire), health and amenity for the benefit of the community now and in the future.

This is part of the landscape in which the Australian Network for Universal Housing Design (ANUHD) operates. Established in June 2002, ANUHD is a coalition of people and organisations across Australia which calls for, amongst other things:

Recognition of the needs of older people, people with a disability or chronic illness, and people recovering from illness or injury, who experience exclusion, isolation and discrimination by present housing design and construction practices;
Access requirements for housing in the Building Code of Australia (BCA) for all new and extensively modified housing, based on adaptability and universal design principles.

We are working on all three levels of government, Federal, State and local, to bring about changes in public policy regarding housing design and construction.

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