Recommendation for temporary exemption

MEMORANDUM

TO: Sir Ronald Wilson


Commissioner O'Connor

Commissioner Antonios

Commissioner Dodson

Commissioner Walpole

FROM: Commissioner Hastings

DATE: 31 January 1995

SUBJECT: Application for temporary exemption: S.A. Minister
for Transport and others

At its meeting of 25
October the
Commission authorised me to make further inquiries regarding an application on
behalf of the S.A. Minister for Transport, the Passenger Transport Board, and
TransAdelaide, for temporary exemption from section 24 of the DDA. In
particular the Commission requested that information be sought on whether the
exemption was sought generally, or only in relation to lack of wheelchair
access for existing buses, the matter specifically addressed by the conciliated
agreement referred to in support of the application. (Application for exemption
is attached as Appendix A.)

This information was requested by letter of 26 October and on 13 December the
S.A.
Crown Solicitor's Office advised that exemption is sought "only in relation to
lack of
wheelchair access to the existing fleet of buses currently owned and operated
by
TransAdelaide".

The buses concerned are specifically identified by annexure to the letter dated
13
December which states that there are "approximately 30 buses due to be
delivered to the
Department of Transport which are part of the fleet subject to this
application."

The Crown Solicitor's Office also indicated that provision of bus services will
be opened to tender, including by private operators, "using the existing fleet
where appropriate", from March 1995. They requested "that the exemption in
relation to the existing buses extends to those buses operated pursuant to
tender from March 1995 until the next hearing date in this matter in or about
October 1995." (Appendix B)

REASONS GIVEN BY APPLICANT IN SUPPORT OF APPLICATION

Reasons given for the application are stated in the original application
which is attached as Appendix A.

PROCEDURE FOLLOWED IN RELATION TO THE APPLICATION

The Commission's policy on applications for temporary exemption under the
DDA was approved in October 1994 and provides for a number of alternative
mechanisms for interested parties to participate in the process of decision
making in relation to applications.

I decided that in this particular application I would make a proposed decision
available to interested parties for comment, before submitting a recommendation
to the Commission. (Appendix C)

Reasons for this were:

(a) the substantial airing which issues relevant to the application have
already received through the hearing and conciliation of the complaints which
have led to the application;

(b) the fact that circulation of a proposed decision (including information on
the application) would provide interested parties with a better opportunity to
affect the Commission's decision making than if the application alone were
circulated;

(c) confining the process to only one round of submissions was more efficient
in terms of time and the resources of HREOC and of all interested parties.

In keeping with the Commission's policy a notice of proposed exemption and
accompanying information was circulated to interested parties. (Listed as
Appendix D)

SUBMISSIONS RECEIVED

No submissions were
received objecting to the proposed exemption.

Only one submission was received requesting consideration be given to including
a further condition to the granting of an exemption. (Appendix E)

RECOMMENDATION CONCERNING SUBMISSION

I do not recommend adding a further condition to the exemption for the reasons
given in the draft letter to Mr Corcoran attached as Appendix F.

RECOMMENDED DECISION

I recommend that a temporary exemption be granted to the applicants. Attached
as Appendix G is a draft for your approval.

Elizabeth Hastings

Disability Discrimination Commissioner