Notice of inquiry into exemption application by Regional Airlines Association of Australia

Exemption application

The Human Rights and Equal Opportunity Commission has received, by letter dated 9 March 1999, an application for temporary exemption as follows.

Application for exemption under Disability Discrimination Act 1992 Section 55

This application is made by the Regional Airlines Association of Australia (RAAA) on behalf of its members (listed in schedule 1 of this application).

The applicants seek exemption from sections 23 and 24 of the Disability Discrimination Act 1992 so far as they concern carriage of persons using wheelchairs or other mobility aids, where the constraints of aircraft or boarding systems prevent boarding and carriage consistent with safety requirements for staff or passengers.

The exemption is sought for a period of five years.

The applicants expect that the Commission's consideration of the application in conjunction with consumers and other interested parties will assist in identifying in more detail reasonable steps to be undertaken to deal with relevant constraints, those constraints which remain unavoidable during the life of the exemption and perhaps beyond, and other appropriate conditions and limits of an exemption.

Alan Terrell Chief Executive Email: ait@sydney.phillipsfox.com.au

Schedule: Airline Members

Aeropelican Air Services Pty Ltd PO Box 226 Belmont NSW 2280

Air Facilities PO Box 675 Albury NSW

Air-Link Pty Ltd PO Box 223 Dubbo NSW 2830

Airnorth Regional PO Box 39548 Winnellie NT 0821

Country Connection Airlines PO Box 171 Cootamundra NSW 2590

Flight West Airlines PO Box 1126 Eagle Farm QLD 4009

Hazelton Airlines Ltd PO Box 12 Cudal NSW 2864 A

Kendell Airlines (Aust) Pty Ltd PO Box 78 Wagga Wagga NSW 2650

Skywest Airlines Pty Ltd PO Box 176 Cloverdale WA 6985

Sunshine Express Sunshine Coast Airport Mudjimba Qld 4564

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. The application itself also makes clear that the applicants recognise that comment from consumers and other interested parties is relevant to the Commission's determination of the terms on which an exemption might be granted.

Accordingly, the Commission seeks submissions commenting on the issues listed below and on any other relevant issues.

Submissions are requested by 15 May 1999, preferably by email to disability@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 submissions publicly available by posting submissions made electronically on its Internet site, except where a submission or part of a submission is clearly identified as confidential.

The Commission will decide the further course of this inquiry after considering submissions received. As indicated in its policy on exemptions, further actions may include

• holding conferences or public hearings involving interested parties
• making a proposed decision available to interested parties for comment before the Commission makes a final decision.

Issues for comment

The Commission's policy on exemptions directs attention to issues including

• why immediate compliance with the DDA is not possible, or why immediate compliance with the DDA, though technically possible, should not be required, regarding the matters to be covered by the proposed exemption
• processes and results of any review undertaken by the applicant to identify discriminatory practices or circumstances and means for their removal
• in particular, details of any consultations undertaken with people with a disability and their representative organisations for these purposes
• any measures already implemented or planned by the applicant to achieve the objects of the DDA
• details of financial or other hardship to the applicant or other persons which will be incurred if the exemption is not granted
• measures proposed to minimise or reduce any hardship which may occur to people with a disability and any other people affected by the circumstances or practices in question, due to non-compliance with the DDA during the period of the exemption
• to what extent the exemption is designed to preserve the status quo, and to what extent it would permit new actions which may be contrary to equal access and opportunity for people with a disability
• terms or conditions which promote achievement of the objects of the DDA and which the applicant is prepared to meet as a condition of receiving the exemption
• measures to be implemented by the applicant during the term of the exemption which will remove the discriminatory practice or circumstance
• any measures to be implemented by the applicant during the term of the exemption which, while they do not directly remedy the discriminatory circumstance or practice which is the subject of the exemption applied for, will improve equality of access and opportunity for people with a disability in accordance with the objects of the DDA in relation to other practices or circumstances for which the applicant is responsible
• methods, including those involving consultation with people with a disability and their representative organisations, for evaluating and reporting implementation of these measures.

Submissions addressing these issues in the context of this application would be welcome. In particular, submissions could provide information or comment on

• specific features of aircraft and/or boarding systems preventing boarding and/or carriage of persons using wheelchairs or other mobility aids
• features of aircraft and/or boarding systems which, while not absolutely preventing boarding or carriage, prevent persons using wheelchairs or other mobility aids boarding or travelling with equal convenience, comfort, dignity or safety to other passengers
• how far removal of these barriers is technically possible within currently available technology and design
• impact of relevant safety requirements
• whether the DDA should be regarded in any relevant circumstances as requiring substitution of larger aircraft on a particular route or particular flights to overcome access limitations of smaller aircraft
• costs involved in relevant barrier removal and relationship of these costs to revenue and viability of services, including any increase or decrease in revenue reasonably to be expected from modifications (to aircraft, other facilities, or staffing or other service delivery features) to achieve accessibility
• trials or studies (already undertaken or proposed during the life of the exemption sought) to examine means for eliminating or reducing barriers to equal access to relevant aircraft services, including consultation processes involving people with a disability
• measures undertaken or proposed to achieve non-discriminatory access consistent with the objects of the DDA to relevant aircraft services more generally.