Notice of inquiry: Application for temporary exemption: Air South

The Commission has received an application from Air South Pty. Ltd. (a charter and airline operator based in Adelaide) under section 55 of the Disability Discrimination Act so as to permit a number of restrictions on carriage of passengers with disability on its aircraft. The aircraft have passenger capacities ranging from 4 to 15 and the application is thus made by reference to sections 23 and 24 of the DDA rather than by reference to the Disability Stadnards for Accessible Public Transport, which do not apply to aircraft of this size.

The application (MS Word) is attached.

Air South seek exemptions as followsK

1. AirSouth Pty. Ltd. is unable to carry any wheelchair bound or immobile passengers due to the inherent design features of its aircraft.

[Note: The application indicates that this restriction will be reviewed with renewal of the aircraft fleet over time.]

2. If a mobile passenger is unable to understand and follow safety directions (either written or verbal), is unable to don a life vest, or requires the application of medication in flight, a companion is required to travel with the passenger. The provision of a companion will enable the provision of total and individual attention to the disabled passenger and also prevent them from hampering other passengers in an emergency situation.

To help with the cost of this requirement Air South Pty. Ltd. will provide the lowest applicable fare applicable to the airline flight, regardless of availability of that fare, for the companion.

3. Infectious Diseases - Air South Pty. Ltd. will not carry a passenger with a prescribed contagious disease unless a notification is provided from a medical doctor stating that the person is fit to fly and poses no danger of infecting the crew or other passengers in the aircraft.

4. A maximum of one disabled/special needs passenger to be carried on each flight.

5. All Flight Bookings must be made directly with Air South Pty. Ltd. telephone 08 8234 3244 at least 48 hours prior to the proposed departure date.

Air South submit that these restrictions are justified by reference to

• Aircraft operational and performance design limitations
• O.H.& S. concerns for the aircraft crew and company ground staff
• The dignity, safety and comfort of disabled passengers .

Request 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 8 September 2008, 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 2001.

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

David Mason

Director Disability Rights policy, HREOC

28 July 2008