NOTICE OF TEMPORARY EXEMPTION
UNDER THE DISABILITY DISCRIMINATION ACT: BUCHAN BUS 'N FREIGHT
The Human Rights and Equal Opportunity Commission gives notice of a decision
made on 8 January 2004 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning access to a bus service proposed
to be operated by Buchan Bus 'n Freight.
The exemption application was submitted by Mr D. Beaven, trading as Buchan
Bus 'n Freight.
Decision of the Commission
The Commission decides under section 55 of the DDA to grant, for a period
of two years, an exemption to the applicant from the operation of the
operation of the Disability Standards for Accessible Public Transport,
in relation to acquisition and use of a second hand bus for public transport
service, to the extent that those Standards require compliance by vehicles
newly entering public transport service.
The exemption is conditional on Buchan Bus 'n Freight implementing proposals
in its application for driver assistance to persons with disabilities
and carriage of mobility aids, and reporting to the Commission within
twelve months on the operation of those arrangements.
Finding and reasons
In making this decision the Commission accepted findings and reasons
contained in a recommendation and statement of reasons prepared by the
Deputy Disability Discrimination Commissioner, which is available on the
Commission's web site www.humanrights.gov.au .
Review of decision
Subject to the Administrative Appeals Tribunal Act 1975, application
may be made to the Administrative Appeals Tribunal for a review of the
decision to which this notice relates by or on behalf of any person/s
whose interests are affected by the decision.
John von Doussa QC
on behalf of the Commission
8 January 2004