Notice of application for exemption: Echuca Wharf

Application now withdrawn

The Human Rights and Equal Opportunity Commission has received an application, from the Shire of Campaspe, for temporary exemption under section 55 of the Disability Discrimination Act regarding the provision of universal access to the historic wharf in the Port of Echuca.

Attached are the application; additional information submitted by the applicant Council and further information; and the masterplan for the wharf precinct

The application and other documents received indicate that:

• The applicant Council has undertaken an audit of its facilities and properties within the Port of Echuca, and has costed works necessary to eliminate barriers to universal access.
• The applicants have concerns regarding how to achieve universal access to its paddlesteamer fleet without adversely impacting on the historical integrity of the wharf.
• Options such as lifts and ramps have been considered, but these impact on the historical integrity of the wharf whilst also creating a number of operational issues such as significantly changing river heights.
• The cost of the provision of a lift alone is also an issue, estimated to be $400,000.
• If an exemption is granted in relation to the provision of universal access, Council will provide alternative access to its paddlesteamer fleet to ensure that all people have the opportunity to experience this activity and is also working with private paddlesteamer operators to see if one access point for all paddlesteamers can be utilised.

Issues

Although issues which would be relevant to determination of an unjustifiable hardship defence in the context of complaints may also be relevant to determination of the merits of an application for temporary exemption, in a number of previous decisions the Commission has indicated that it has not been prepared to grant exemptions simply to certify the existence of unjustifiable hardship. Issues of hardship on grounds of cost or of difficulties of providing universal access at times of particularly high river flows would be able to be raised in response to complaints. Measures taken to provide alternative access solutions would also be able to be raised in support of arguments that it would involve unjustifiable hardship to provide universal access to the wharf itself.

However, exemptions have been granted to provide time to implement solutions to access barriers (such as in the Melbourne Trams decision).

Taking these principles into account, comments would be welcome on the approach which the Commission ought to take to this application.

Call for submissions

In accordance with its policy on exemption applications, the Commission seeks to give interested parties an opportunity to participate in the process of considering this application.

Accordingly, the Commission seeks submissions by 19 January 2004, preferably by email to disabdis@humanrights.gov.au . Submissions may also be addressed by mail to Disability Rights Unit, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney 1042. Where submissions are made by mail a copy on disc should be included if possible.

To promote open public discussion and exchange of views, the Commission intends to make submission publicly available by posting submissions made electronically on its Internet site. Requests for material to be treated as confidential should be clearly indicated.

The Commission will decide further actions on this matter after considering submissions received.

Graeme Innes

Deputy Disability Discrimination Commissioner

8 December 2003