NOTICE OF TEMPORARY EXEMPTION
UNDER THE DISABILITY DISCRIMINATION ACT: G. KINNY (COFFS HARBOUR-SYDNEY
TRAVEL AND TOURS SERVICE )
The Human Rights and Equal Opportunity Commission gives notice of a decision
made on 21 September 2004 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning access to a proposed travel and
The exemption application was submitted by Mr G.Kinny.
Decision of the Commission
The Commission decides under section 55 of the DDA to grant an exemption
from relevant provisions of the Disability Standards for Accessible Public
Transport and from sections 23 and 24 of the DDA insofar as they would
prohibit operation of a public transport and tour service with a new vehicle
lacking wheelchair access, until 1 December 2007.
The exemption is granted on condition that on or before that date wheelchair
access be provided by replacement or refitting of the vehicle.
Finding and reasons
In making this decision the Commission accepted findings and reasons
contained in a recommendation and statement of reasons
prepared by its Director of Disability Rights policy, 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.
Dr Sev Ozdowski OAM
Acting Disability Discrimination Commissioner
on behalf of the Commission
22 September 2004