NOTICE OF TEMPORARY EXEMPTION UNDER THE DISABILITY DISCRIMINATION ACT: BENDIGO TRAM SERVICE

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 28 January 2005 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning tram services in Bendigo, Victoria.

Applicants

The exemption application was submitted by the Bendigo Trust.

Decision of the Commission

The Commission decides under section 55 of the DDA to grant an exemption from relevant provisions of the Disability Standards for Accessible Public Transport, and from sections 23 and 24 of the DDA, in so far as those provisions would prevent installation of one tram stop using kerb side boarding, for a period of three years.

The exemption is granted on condition that

• during the exemption period the applicants install four tram stops compliant with the Disability Standards for Accessible Public Transport as proposed in their application; and that
• the applicants report to the Commission within 12 months on options for providing access where kerbside boarding is used, including through modification of tram vehicles to provide lifts or hoists.

Finding and reasons

In making this decision the Commission accepted findings and reasons contained in a recommendation and statement of reasons prepared by its Director of Disability Rights policy, which is available on the Commission's web site www.humanrights.gov.au .

Review of decision

Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the decision to which this notice relates by or on behalf of any person/s whose interests are affected by the decision.

Dr Sev Ozdowski OAM

Acting Disability Discrimination Commissioner

on behalf of the Commission

31 January 2005