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            |  HIRE
          
        
        
          
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            RENTAL
          
        
        
          
            NEWS
          
        
        
          
            | MAY 2013
          
        
        
          EVENTS IN FOCUS
        
        
          And the big news in the
        
        
          events industry – still – is
        
        
          the issue of the Disability
        
        
          Discrimination Act and how this
        
        
          relates to temporary structures.
        
        
          This is proving to be a costly
        
        
          and frustrating battle for the
        
        
          events industry but we will
        
        
          persevere.
        
        
          On behalf of the HRIA I
        
        
          recently attended a meeting
        
        
          with the Victorian Building
        
        
          Control Commission (BCC) to
        
        
          discuss the situation and how
        
        
          it is affecting our industry; a
        
        
          representative from Melbourne
        
        
          City Council was also present.
        
        
          The purpose of the meeting
        
        
          was to gain an understanding
        
        
          of how the BCC interpreted the
        
        
          Disability Discrimination Act
        
        
          (
        
        
          DDA) and to see if there was
        
        
          an opportunity to phase in the
        
        
          workings of the DDA over time.
        
        
          Two clear facts emerged; the
        
        
          BCC have no power to provide
        
        
          a phase in period. Second, the
        
        
          DDA is law and as such the BCC
        
        
          have no option but to enforce
        
        
          the legislation in full.
        
        
          The DDA affects any
        
        
          
            Lobbying for a fairer playing field
          
        
        
          members anywhere across the
        
        
          country engaged in marquees,
        
        
          portable buildings or toilet
        
        
          hire. Simply being unaware
        
        
          of how the legislation works
        
        
          is no defence when someone
        
        
          makes a complaint against
        
        
          your company. Once this has
        
        
          occurred, you will find yourself
        
        
          running up costly legal fees
        
        
          running a defence in the court
        
        
          of human rights.
        
        
          While I understand some
        
        
          members might be frustrated
        
        
          we might appear to be looking
        
        
          at this from a Victorian
        
        
          perspective, please let me
        
        
          assure you this is not the case.
        
        
          The legislation is the same
        
        
          Australia wide. The meeting
        
        
          with the BCC simply gave us a
        
        
          greater understanding of what
        
        
          could and couldn’t be achieved.
        
        
          The recommendation from
        
        
          the BCC was we lobby the
        
        
          Attorney General in an attempt
        
        
          to have the DDA altered at its
        
        
          next review. Since the review is
        
        
          still some way off, this is being
        
        
          done in a low key way.
        
        
          We have also contacted
        
        
          “
        
        
          Simply being
        
        
          unaware of how the
        
        
          legislation works is
        
        
          no defence when
        
        
          someone makes a
        
        
          complaint against
        
        
          your company. Once
        
        
          this has occurred,
        
        
          you will find yourself
        
        
          running up costly
        
        
          legal fees running a
        
        
          defence in the court
        
        
          of human rights...”
        
        
          PRESIDENT’S MESSAGE
        
        
          the Australian Building Codes
        
        
          Committee (ABCC) and made
        
        
          submissions seeking a review
        
        
          of the code classification of
        
        
          marquees, portable buildings
        
        
          and toilet hire. Our aim is to
        
        
          have a separate classification
        
        
          for marquees, portable
        
        
          buildings and toilet hire rather
        
        
          than have them all classified as
        
        
          temporary buildings.
        
        
          If this course of action is
        
        
          successful, it would provide
        
        
          some scope for the authorities
        
        
          to allow concessions from
        
        
          the DDA because of the
        
        
          nature of the classification.
        
        
          Unfortunately this is a long
        
        
          term objective. The suggestion
        
        
          in the meantime would be to
        
        
          make sure the event organiser
        
        
          has employed a consultant to
        
        
          provide an access report and
        
        
          members comply.
        
        
          My recommendation would
        
        
          be: if you find yourself an
        
        
          event organiser, ensure the
        
        
          client has a budget for a
        
        
          consultant’s report.
        
        
          
            Tom O’Dowd
          
        
        
          
            National President Events