Introductory statement: Decision on exemption application: Australasian Railways Association

The Australian Human Rights Commission has decided to grant a number of temporary exemptions applied for by the Australasian Railways Association (ARA) , for a period of three years, from provisions of the Disability Standards for Accessible Public Transport. This is on the condition that members of the ARA comply with a revised set of obligations. This decision is thus about how rail services become accessible - rather than whether they become accessible. For example, for existing stations rail operators will still be required to provide an accessible path of travel to an accessible boarding point on a train, but not for the full length of the platform.

The ARA argued that some of the specifications in the DSAPT for how access should be provided were not capable of being complied with in their terms in a rail environment, and thus would have to be interpreted by extensive and uncertain application of the unjustifiable hardship defence; or otherwise failed to give sufficient direction on actions required. On points where an exemption has been granted the Commission agreed with this argument. Exemptions have been granted on the basis that increased certainty of obligations will assist members of the ARA in taking measures to improve the accessibility of rail services for people with disabilities.

The Commission's decision to grant the exemptions on the terms set out in Schedule One follows public consultation over a considerable period.

The Accessible Public Transport Jurisdictional Committee, representing Federal, State and Territory transport departments, has indicated agreement with the decisions made by the Commission in response to the ARA's application.

The Commission's decision to grant temporary exemptions does not purport to pre-empt the role of the Ministerial review of the DSAPT which is to occur this year. If, following the Ministerial review, the DSAPT are re-made (by the Attorney-General with the approval of the Parliament), in an amended form on any point, the exemptions now granted by the Commission will be displaced and become inoperative.

The Commission expects that r equirements to consult with the disability community and report to the Commission, which have been included as conditions of exemptions granted, will assist in the review and assist the ARA, disability community representatives and the Commission in assessing the current level of compliance with the DSAPT, and in determining future measures to promote accessibility of rail services for people with disabilities.

The Commission declined to grant a number of the exemptions sought by the ARA.

The Commission also deferred its consideration of a number of the exemptions sought by the ARA, on the basis that further consultation between the ARA and interested parties, including the Commission, is required.

The full decision of the Commission's decision is available at www.humanrights.gov.au/disability_rights/exemptions/ara/dec.htm