Notice for exemption: Moxamu Pty Ltd trading as Lawrence Bus Service

The Australian Human Rights Commission has received an application from Moxamu Pty Ltd trading as Lawrence Bus Service. Moxamu seeks an exemption under the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Accessible Public Transport 2002 (Transport Standards).

Application

Lawrence Bus Service uses two buses to operate three scheduled bus services per week from the town of Lawrence, New South Wales. It operates two services per week between Lawrence and Grafton and one service per week between Lawrence and Maclean. Moxamu advises that neither of the buses that it uses to provide the scheduled services are wheelchair accessible.

Moxamu states that the cost of modifying its buses in order for them to comply with the Transport Standards would impose an unjustifiable hardship upon Moxamu.

Further, Moxamu claims that:

• an accessible bus would not be able to operate on its routes because there are no curbs in the streets of Lawrence;
• an accessible bus would not be able to travel on the Bluff Point ferry as the Lawrence Maclean Service is required to; and
• there is no need for an accessible bus service in Lawrence because there are no medical and related facilities in Lawrence so people with disabilities or serious medical conditions move into the towns of Maclean or Grafton.

By email dated 10 September 2012, the Commission requested further information from Moxamu in support of its application for an exemption. The response from Moxamu is attached below.

Documents

Letter from Moxamu to the Commission dated 20 August 2012 requesting that the Commission grant an exemption to it.

(Word 117 KB)

(PDF 289 KB)

Letter from Moxamu to the Commission dated 18 September 2012 responding to the Commission’s request for further information.

(Word 156 KB)

(PDF 167 KB)

Request for submissions:

The Australian Human Rights Commission is presently considering this exemption application and invites interested parties to make submissions, preferably by email to legal@humanrights.gov.au.

Submissions may also be addressed by mail to the Legal Section, Australian Human Rights Commission, GPO Box 5218, Sydney NSW 2001.

Submissions must be received by 5 November 2012. Submissions received after this date will not be considered.

To promote open public discussion and exchange of views, the Australian Human Rights Commission intends to post submissions made electronically on its internet site. Any requests for material to be treated as confidential should be clearly indicated.