GRANT OF TEMPORARY EXEMPTION: SOUTH AUSTRALIAN PUBLIC TRANSPORT (no.1)

DISABILITY DISCRIMINATION ACT 1992 (Cth)
SECTION 55(1)

By this instrument the Human Rights and Equal Opportunity Commission (the "Commission"), pursuant to an application under section 55 of the Disability Discrimination Act 1992 (Cth) (the "Act"), on behalf of the South Australian Minister for Transport, TransAdelaide and the South Australian Passenger Transport Board (the "applicants") grants an exemption in the following terms:

1. The applicants are exempted until 1 November 1995 from the operation of section 24 of the Act, so far as it concerns lack of access for people who use a wheelchair, to the existing fleet of buses currently owned and operated by TransAdelaide (as specified on behalf of the applicants to the Commission by letter dated 13 December 1994 and including buses presently due for delivery).

2. This exemption applies to any of the subject buses which may be operated on behalf of the applicants pursuant to tender processes up to 1 November 1995.

3. This exemption applies subject to the applicants implementing the agreement reached between themselves and Ms Helen Finch on behalf of Ms Melissa Madsen, Ms Judith Thompson and Mr Maurice Corcoran (the "complainants") dated 12 October 1994 (the "Conciliated Agreement").

4. This exemption does not affect the liability of the applicants under the Act for any discrimination other than that specified in paragraph 1 above.

5. Any person may apply to the Commission during the period of this exemption for the exemption to be extended or revoked.

Findings on material questions of facts

The decision in relation to this application does not depend on any material questions of facts.</>

The reasons for the making of the decision

1. If the exemption were not granted, and a further complaint was made about access for people who use a wheelchair to existing buses, any determination which the Commission might make to require modification or replacement of these vehicles would necessarily include a process to identify what design features would be appropriate to ensure accessibility;

2. The processes agreed to in the Conciliated Agreement provide a reasonable means for conducting such a process within a reasonable period;

3. An exemption in the terms proposed will not affect the ability of any person to pursue a complaint against the applicants concerning matters other than wheelchair access toexisting buses;

4. Granting the exemption for the period sought (subject to the conditions proposed as set out above) therefore will not deprive potential complainants of substantial potential redress. Rather, granting an exemption in the terms proposed would be consistent with the objects of the Act;

5.There has been widespread support from interested parties in the granting of an exemption subject to the conditions set out.

The following information was referred to in making the decision:

1. An application for a temporary exemption dated 18 October 1994 made on behalf of the applicants.

2. A letter dated 26 October 1994 from the Disability Discrimination Commissioner, Ms Elizabeth Hastings to the applicants seeking further information.

3. A letter from the applicants dated 13 December 1994 providing further information.

4. The Conciliated Agreement.

5.A letter from Ms Helen Finch dated 18 October 1994 and circulated to persons and organisations within the disability community in South Australia as identified in the letter.

6. A "Notice of proposed temporary exemption under the Disability Discrimination Act" circulated by Commissioner Hastings to interested parties.

7. A submission made by Mr Corcoran concerning the notice of proposed temporary exemption dated 19 December 1994.

8. A recommendation provided to the Commission by Commissioner Hastings.

Review

Application may be made to the Administrative Appeals Tribunal, subject to the Administrative Appeals Tribunal Act 1975 (Cth), for a review of the decision to which this notice relates by or on behalf of any person whose interests are affected by the decision.

Dated this day of February 1995

Ronald Wilson

President