Information sheet

Exemption
application by the Victorian Public Transport Corporation and Others under
the Disability Discrimination Act 1992 Section 55

On
6 November 1998 the Human Rights and Equal Opportunity Commission received
an application by the Victorian Public Transport Corporation and others
for an exemption from sections 23 and 24 of the Disability Discrimination
Act 1992. Section 23 of the Act relates to access to premises. Section
24 of the Act relates to goods, services and facilities (including public
transport).

Under
the Disability Discrimination Act the Human Rights and Equal Opportunity
Commission can grant temporary exemptions for up to five years and can
impose conditions on the applicant. The Commission is seeking public submissions
on this application before it makes a decision. Information on how to
obtain copies of the application and how to make a submission appear below.

The
application relates to tram/light rail services in Melbourne. The Victorian
Government has also lodged a Disability Action Plan. The application states:

Victoria
has been a strong supporter of the DDA, both in general and specifically
in regard to public transport operations. To confirm its commitments,
a DDA Action Plan has recently been lodged with the Human Rights And
Equal Opportunity Commission (HREOC), outlining all measures being taken
to progressively make Victorian public transport services compliant
with the DDA, including the intention to respond to the Draft Disability
Standards for Accessible Public Transport (Draft Standards) by introducing
low-floor trams to Melbourne's services when the current trams reach
an age of approximately 30-35 years. This is considerably in advance
of the maximum achievable service life for a tram, which is at least
40-50 years.

Under
normal circumstances, submission of the Action Plan may have been, of
itself, sufficient to remove most uncertainty. However, the special
circumstances associated with the forthcoming privatisation of the operations
of all Victorian public transport services mean that it is appropriate
to submit to a formal process by way of this Exemption Application for
Victoria's tram fleet replacement proposals. Thus, this Exemption Application
is being submitted to confirm Victoria's commitment to the objectives
of the DDA, as demonstrated by its intention to bring forward the replacement
of trams. It is also intended to gain as much certainty as is possible
so that the forthcoming privatisation process is not unduly complicated
by the necessarily non-prescriptive nature of the wording in the DDA.

It
is the Commission's policy to conduct a public examination of any exemption
application. Any person or organisation can make a submission.

After
written submissions are received the Commission will hold a public forum
in Melbourne to consider issues raised. The date and venue of the forum
will be advertised.

How
to get documents

The
exemption application

can
be obtained from the Commission's Internet site at the following address:

http://www.hreoc.gov.au/disability_rights/exemptions/Melb_Trams_Appl.html

Copies
of the Commission's policy on exemptions can also be obtained from the
Commission's Internet site.

Printed
copies of the exemption application are available from:

Kym
Irvine

Accessible Transport Unit

Department of Infrastructure

231 Flinders Street

Melbourne 3000

Ph 03 9610 7402

Fax 03 9610 7403

e-mail dsunit@vicnet.net.au

The
action plan 21st Century Accessibility

can
be obtained from the Victorian Department of Infrastructure Internet site
at the following address:

http://www.doi.vic.gov.au/htmldocs/tranroad/trmenu.html

Printed
copies of the action plan are available from:

Department
of Infrastructure Bookshop

Plaza Level

Nauru House, 80 Collins Street

Melbourne Vic 3000

PH: 03 9655.8830

Public
submissions

Submissions
made on this application are available on the Commission s internet site.

Making
a submission

The
Commission is seeking information that will help it decide if granting
this exemption will further the objects of the DDA and in particular if
accessibility of public transport will be improved. People making submissions
may find it useful to refer to the Commission's earlier decision concerning
a public transport action plan and exemption, Minister for Transport (SA)
and Others (19 March 1997). Please note that the Victorian Government's
application deals specifically with trams. Their action plan is a broad
document that deals with many issues not covered in the exemption application.

It
may also be useful to refer to the  Draft
Standards on Accessible Public Transport
and to the Commission's Advisory
Note on Accessible Public Transport.
Each of these documents is available on the Commission's Internet site
or by contacting the Commission.

The
Commission intends to make submissions available as far as possible on
its Internet site. Any confidential information submitted should be clearly
marked as such and be accompanied by a non-confidential summary.

Submissions
may be sent by e-mail to:

disability@humanrights.gov.au

Submissions
may also be sent by post to:

Disability
Rights Unit

HREOC

Box 5218

Sydney 1042.

Where
submissions are sent by post a copy on IBM format disc is requested if
possible.