Notice of temporary exemption application: Sydney-Coffs Harbour travel and tour service

Application

The Human Rights and Equal Opportunity Commission has received an application from Mr G. Kinny for a temporary exemption under section 55 of the Disability Discrimination Act (DDA) from relevant provisions of the Disability Standards for Accessible Public Transport and the Disability Discrimination Act to permit deferral of provision of wheelchair access on a public transport and tour service.

The application includes the following statements by the applicant:

I am currently in the process of starting an adventure tour business from Sydney to Coffs Harbour departing Sydney City every Wednesday morning arriving Coffs Harbour Friday afternoon. This part of the business will be taking in primarily the coastal National Parks. Activities will include bushwalking, snorkelling, swimming and sightseeing. The market I am targeting is primarily the International backpacker.

The secondary part of my business will be a shuttle service back to Sydney three days after the drop off in Coffs Harbour. This service will run every Tuesday and is designed for the backpacker to return to Sydney. However the service will be available to any person wishing to travel.

I am purchasing a new Toyota Coaster twenty seater bus, this is because of reliability and safety which this new bus will give. Financially I have extended myself to the limit and am unable to have wheelchair access built in at this stage. I have received a quote for $20,000 which is way out of my budget.

My options as I see them are not to start the business at all or purchase an older model bus which will allow funds to be spent on wheelchair access. If I purchase an older model I believe reliability and safety will be compromised. The third option is to be given more time from the Human Rights and Equal Opportunity Commission.

If given the opportunity to defer the installation of wheelchair access I make a firm commitment to the Commission that I will have wheelchair access installed by December 2007. For the Commissions information I am a firm supporter of greater access to buildings and services to any person with a disability.

I would very much appreciate a favourable decision to defer the installation of wheelchair access until December 2007.

Issues

The Disability Standards for Accessible Public Transport while permitting staged compliance require compliance for new vehicles.

This is subject to possible defences based on unjustifiable hardship.

In previous decisions the Commission has not been prepared to grant exemptions purely to certify the existence of unjustifiable hardship. However the Commission has been prepared to grant exemptions on condition that the applicant makes and meets commitments to provide access within a reasonable period, on the basis that to grant an exemption in such circumstances (rather than leaving an applicant to raise possible hardship defences in response to complaints if access is not provided) can be appropriate as a means of promoting achievement of the objects of the DDA.

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.

Accordingly, the Commission seeks submissions by 17 August 2004, preferably by email to disabdis@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 submission publicly available by posting submissions made electronically on its Internet site. Requests for material to be treated as confidential should be clearly indicated.

David Mason Director Disability Rights policy

6 July 2004

Submissions received

Accessible Public Transport Jurisdictional Committee (MS Word)