Application for temporary exemption
under Disability Discrimination Act section 55: Gladstone Touch Association

The
Commission has received a request under section 55 of the Disability Discrimination
Act from the Gladstone Touch Association, a voluntary sporting association,
for exemption from liability under the Act regarding lack of ramp access
to their currently proposed clubhouse facility, to be erected above existing
facilities.

The application
is attached.

The exemption is sought
for a period of five years to permit further fundraising efforts so as
to make possible provision of ramp access to the proposed clubhouse. The
application indicates that

• the Gladstone Touch
  Association lacks sufficient financial means to construct an accessible
  clubhouse at present but is committed to and confident of raising funds
  for provision of ramp access to the proposed facility by 2004
• local government
  approval to permit the development to proceed will not be forthcoming
  without some form of certification that requirements under disability
  discrimination legislation have been addressed.

The Acting Disability
Discrimination Commissioner proposes to recommend to the Commission that
an exemption be granted for a period of five years from section 23 of
the Act (regarding access to premises), and also from sections 24 (provision
of goods, services and facilities) and 27 (clubs and associations) to
the extent that they relate to lack of ramp access to the premises concerned,
on condition that the Association report to the Commission within three
years on progress towards provision of access to its premises.

This proposal to grant
an exemption in these terms is made on the basis that it appears that
to do so would promote the object of the Act to eliminate discrimination
as far as possible, taking into account the recognition by section 55
of the Act that achievement of non-discriminatory access may need to occur
over a period of some years.

Pursuant
to the Commission's policy
on consideration of applications for temporary exemption, an opportunity
for public comment on this proposed exemption is being provided. Submissions
are requested by 10 September 1999. Submissions may be made by e-mail
to disability@humanrights.gov.au
or by post to Disability Rights Unit, HREOC, GPO Box 5218 Sydney 1042.