What are the updates to the AS1428.1 2021?

AS1428.1 specifies the design requirements for new building work, as required by the National Construction Code (NCC) and the Disability (Access to Premises—Buildings) Standards (Premises Standards), to provide access for people with disabilities. It was revised in June 2021. Some of the clarifications and updated requirements include, but are not limited to:

• Timber boards – installation requirements
• Threshold ramps – a total length of 300mm from the face of the door
• Walkway edges include kerb rails of 65-75mm high or 150mm high. Low walls of 450mm are no longer specified.
• Handrail heights are allowed to vary on landings and include a 10mm construction tolerance
• Handrail diameters are increased to 52mm to accommodate construction methods
• Door reveals are required to have a max depth of 300mm
• Viewing panel sizes in doors are defined
• Grabrails can have a greater variation in height of 800-820mm
• Backrest requirements and dimensions have greater details
• Basins are allowed to intrude into shower circulation spaces as well as toilet pan circulation spaces
• Gradients of bathroom floors where a linear drain is installed are to be 1:50-1:90
• Heights of shower outlets have a greater range
• More information on back flow devices

*Reference: Revised Australian Standard released in June AS1428.1 2021 – Design for access and mobility general requirements for access – New building work, posted July 26, 2021, Architecture and Access, URL: https://architectureandaccess.com.au/revised-australian-standard-released-in-june-as1428-1-2021-design-for-access-and-mobility-general-requirements-for-access-new-building-work/ *

Can OTA provide advice on the prescription of equipment?

No, provision of equipment is a clinical decision, and OTA provides advice on professional issues rather than clinical concerns. Equipment prescription is specific to an individual’s needs and clinical reasoning needs to be specific to the circumstances. OTA would recommend that a risk analysis should be considered as part of the prescription and that an OT collaborates with experienced clinicians, and gains guidance from a range of sources such as available research, special interest groups or centres of excellence, and reference / support your recommendation accordingly. Clinical supervision may also be of benefit.

There are occasions when OTA may develop a global position around the use of some equipment where there is the potential for adverse events (e.g. coroner’s reports on bed sticks/poles/rails and the development of this position paper).

When could an occupational therapist’s practice be subject to a legal claim in relation to prescription of assistive technology?

It is your responsibility as a professional to understand, and comply with, your regulatory and legal obligations. This includes requirements relevant to your jurisdiction and area of practice. Some examples of where claims could come from might include:

• Professional negligence;
• Breach of Australian Consumer Law;
• Breach of contract; or
• Complaints to the regulator.

OTA is unable to provide legal advice to members. For further information, OTA recommends that you consult a legal professional. OTA members are entitled to a free legal consultation with Maurice Blackburn Lawyers. You can also speak with your manager and professional supervisor for support in understanding your requirements.

OTA recommends that all occupational therapists ensure they understand and are compliant with all professional regulations, standards and relevant legislation to help to reduce risk in practice.

What can occupational therapists do to minimise their risk of a viable claim being made against them in relation to prescription of assistive technology?

Ensuring you are compliant with all professional regulations, standards and relevant legislation will help you to reduce risk of a viable claim being made against you. This may include things such as (but not limited to):

• Following principles of best practice care;
• Working within your competence and expertise;
• Conducting and documenting thorough assessments;
• Keeping clear and accurate health records for all your clients; and
• Ensuring you have adequate professional indemnity insurance coverage for the work you are doing.

OTA is unable to provide legal advice to members. For further information, OTA recommends you consult a legal professional and/or your insurance provider. OTA members are entitled to a free legal consultation with Maurice Blackburn Lawyers. You can also speak with your manager and professional supervisor for support.