Notice of temporary exemption application: Airport Direct

Application

The Human Rights and Equal Opportunity Commission has received an application from Mr D.Williams, trading as Airport Direct, for a temporary exemption under section 55 of the Disability Discrimination Act (DDA) from relevant provisions of the Disability Standards for Accessible Public Transport (DSAPT) and the DDA to permit deferral of provision of wheelchair access on a public transport service known as Airport Direct operating from Shepparton to Melbourne. The application is attached (RTF format) . (Supporting technical documents provided will be made available on request.)

This application follows an earlier application regarding the same service. The applicant there sought exemption from the effect of the DSAPT and the DDA insofar as they would require immediate wheelchair access to a newly acquired HiAce vehicle, for a period of 18months, on the basis that after 18months an additional larger vehicle would be acquired which does provide access although the original inaccessible vehicle would remain in operation.

That application was rejected by the Commission on 15 February 2006 on the basis that, in effect, it simply sought certification that provision of access in accordance with the specification by the DSAPT that new vehicles should be accessible would involve unjustifiable hardship on financial grounds, and while the applicant might well be able to succeed in such a claim, this was more appropriately raised in defence to possible complaints.

The Commission's decision emphasised that a decision to refuse an exemption did not involve a decision that the operation of the service as proposed by Mr Williams would be unlawful.

The revised application now submitted differs from the initial application in several respects:

• Mr Williams seeks relief from potential liability pending replacement of the inaccessible vehicle rather than permission to continue operating it into the future
• Additional details are provided of technical proposals and financial quotes now obtained for modification of the inaccessible vehicle together with confirmation of finance being sought, but refused, to enable these modifications to be made
• The application includes commitment to procedures to provide transport for passengers unable to use the current vehicle pending provision of an acccesible vehicle.

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. In view of the prior public discussion of the same matter, and the reasons given by the applicant for a reqest for expedited consideration, a shorter period than generally provided for public comment is appropriate. Accordingly, the Commission seeks submissions by 13 November 2006, 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.

David Mason

Director Disability Rights policy