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Notice of application for exemption: Carnival Australia

Review Carnival Australia's application for exemption under the Age Discrimination Act 2004 and the Commission's assessment process for the cruise ship

Legislation Exemption July, 2013

Summary

The Australian Human Rights Commission has received an application pursuant to section 44(2) of the Age Discrimination Act 2004 (Cth) (ADA) from Carnival plc (trading as Carnival Australia) for an extension to its exemption from sections 14 and/or 15 and 28(b) of the ADA.

The Australian Human Rights Commission has received an application pursuant to section 44(2) of the Age Discrimination Act 2004 (Cth) (ADA) from Carnival plc (trading as Carnival Australia) for an extension to its exemption from sections 14 and/or 15 and 28(b) of the ADA.

Carnival Australia was formed in July 2004 and represents three homeported Carnival Corporation brands in Australia - Carnival Cruise Lines, P&O Cruises and Princess Cruises - as well as another four international cruise brands that visit the region annually - Cunard Line, Holland America Line, P&O Cruises World Cruising and Seabourn.

Carnival Australia seeks a further 2.5 year extension to its exemption under section 44(1) of the ADA that expired on 22 June 2013. Carnival Australia wishes to impose restrictions upon passengers under the age of 19 travelling upon its cruise ships. Between 1 November and 7 January each year, Carnival Australia seeks to require passengers under the age of 19 to be accompanied by a responsible adult and from 8 January to 31 January each year Carnival Australia will set a quota of 60 passengers under the age of 19 who may travel on a cruise without being accompanied by a responsible adult. The Commission previously granted such a temporary exemption to Carnival Australia on 21 December 2010.

Application

The application lodged by Carnival consists of the following two documents:

Application for Further Exemption

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Supplementary Letter to AHRC

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Submissions

The opportunity to make submissions in relation to this exemption application ended on 12 August 2013.

To promote open public discussion and exchange of views, the Australian Human Rights Commission makes all submissions accessible to the public.

Anti-Discrimination Board of New South Wales

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Anti-Discrimination Commission Queensland

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Equal Opportunity Commission of Western Australia

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Alcohol and other Drugs Council of Australia

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Decision

On 15th November 2013, The Australian Human Rights Commission granted Carnival Australia an exemption for a period of two and half years subject to certain conditions. The Commission's decision is available below.

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