Notice of inquiry into exemption application
by Regional Airlines Association of Australia

Exemption application

The
Human Rights and Equal Opportunity Commission has received, by letter
dated 9 March 1999, an application for temporary exemption as follows.

Application
for exemption under Disability Discrimination Act 1992 Section 55

This
application is made by the Regional Airlines Association of Australia
(RAAA) on behalf of its members (listed in schedule 1 of this application).

The
applicants seek exemption from sections 23 and 24 of the Disability
Discrimination Act 1992 so far as they concern carriage of persons using
wheelchairs or other mobility aids, where the constraints of aircraft
or boarding systems prevent boarding and carriage consistent with safety
requirements for staff or passengers.

The
exemption is sought for a period of five years.

The
applicants expect that the Commission's consideration of the application
in conjunction with consumers and other interested parties will assist
in identifying in more detail reasonable steps to be undertaken to deal
with relevant constraints, those constraints which remain unavoidable
during the life of the exemption and perhaps beyond, and other appropriate
conditions and limits of an exemption.

Alan
Terrell

Chief Executive

Email: ait@sydney.phillipsfox.com.au

Schedule:
Airline Members

Aeropelican
Air Services Pty Ltd

PO Box 226

Belmont NSW 2280

Air
Facilities

PO Box 675

Albury NSW

Air-Link
Pty Ltd

PO Box 223

Dubbo NSW 2830

Airnorth
Regional

PO Box 39548

Winnellie NT 0821

Country
Connection Airlines

PO Box 171

Cootamundra NSW 2590

Flight
West Airlines

PO Box 1126

Eagle Farm QLD 4009

Hazelton
Airlines Ltd

PO Box 12

Cudal NSW 2864 A

Kendell
Airlines (Aust) Pty Ltd

PO Box 78

Wagga Wagga NSW 2650

Skywest
Airlines Pty Ltd

PO Box 176

Cloverdale WA 6985

Sunshine
Express

Sunshine Coast Airport

Mudjimba Qld 4564

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. The application itself
also makes clear that the applicants recognise that comment from consumers
and other interested parties is relevant to the Commission's determination
of the terms on which an exemption might be granted.

Accordingly, the Commission
seeks submissions commenting on the issues listed below and on any other
relevant issues.

Submissions are requested
by 15 May 1999, preferably by email to disability@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 submissions
publicly available
by posting submissions made electronically on its Internet site, except
where a submission or part of a submission is clearly identified as confidential.

The Commission will
decide the further course of this inquiry after considering submissions
received. As indicated in its policy on exemptions, further actions may
include

• holding conferences
  or public hearings involving interested parties
• making a proposed
  decision available to interested parties for comment before the Commission
  makes a final decision.

Issues
for comment

The Commission's policy on exemptions directs attention to issues including

• why
  immediate compliance with the DDA is not possible, or why immediate
  compliance with the DDA, though technically possible, should not be
  required, regarding the matters to be covered by the proposed exemption
• processes
  and results of any review undertaken by the applicant to identify discriminatory
  practices or circumstances and means for their removal
• in
  particular, details of any consultations undertaken with people with
  a disability and their representative organisations for these purposes
• any
  measures already implemented or planned by the applicant to achieve
  the objects of the DDA
• details
  of financial or other hardship to the applicant or other persons which
  will be incurred if the exemption is not granted
• measures
  proposed to minimise or reduce any hardship which may occur to people
  with a disability and any other people affected by the circumstances
  or practices in question, due to non-compliance with the DDA during
  the period of the exemption
• to
  what extent the exemption is designed to preserve the status quo, and
  to what extent it would permit new actions which may be contrary to
  equal access and opportunity for people with a disability
• terms
  or conditions which promote achievement of the objects of the DDA and
  which the applicant is prepared to meet as a condition of receiving
  the exemption
• measures
  to be implemented by the applicant during the term of the exemption
  which will remove the discriminatory practice or circumstance
• any
  measures to be implemented by the applicant during the term of the exemption
  which, while they do not directly remedy the discriminatory circumstance
  or practice which is the subject of the exemption applied for, will
  improve equality of access and opportunity for people with a disability
  in accordance with the objects of the DDA in relation to other practices
  or circumstances for which the applicant is responsible
• methods,
  including those involving consultation with people with a disability
  and their representative organisations, for evaluating and reporting
  implementation of these measures.

Submissions
addressing these issues in the context of this application would be welcome.
In particular, submissions could provide information or comment on

• specific
  features of aircraft and/or boarding systems preventing boarding and/or
  carriage of persons using wheelchairs or other mobility aids
• features
  of aircraft and/or boarding systems which, while not absolutely preventing
  boarding or carriage, prevent persons using wheelchairs or other mobility
  aids boarding or travelling with equal convenience, comfort, dignity
  or safety to other passengers
• how
  far removal of these barriers is technically possible within currently
  available technology and design
• impact
  of relevant safety requirements
• whether
  the DDA should be regarded in any relevant circumstances as requiring
  substitution of larger aircraft on a particular route or particular
  flights to overcome access limitations of smaller aircraft
• costs
  involved in relevant barrier removal and relationship of these costs
  to revenue and viability of services, including any increase or decrease
  in revenue reasonably to be expected from modifications (to aircraft,
  other facilities, or staffing or other service delivery features) to
  achieve accessibility
• trials
  or studies (already undertaken or proposed during the life of the exemption
  sought) to examine means for eliminating or reducing barriers to equal
  access to relevant aircraft services, including consultation processes
  involving people with a disability
• measures
  undertaken or proposed to achieve non-discriminatory access consistent
  with the objects of the DDA to relevant aircraft services more generally.