NOTICE OF TEMPORARY EXEMPTION UNDER THE DISABILITY DISCRIMINATION ACT: BUCHAN BUS 'N FREIGHT

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 8 January 2004 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning access to a bus service proposed to be operated by Buchan Bus 'n Freight.

Applicant

The exemption application was submitted by Mr D. Beaven, trading as Buchan Bus 'n Freight.

Decision of the Commission

The Commission decides under section 55 of the DDA to grant, for a period of two years, an exemption to the applicant from the operation of the operation of the Disability Standards for Accessible Public Transport, in relation to acquisition and use of a second hand bus for public transport service, to the extent that those Standards require compliance by vehicles newly entering public transport service.

The exemption is conditional on Buchan Bus 'n Freight implementing proposals in its application for driver assistance to persons with disabilities and carriage of mobility aids, and reporting to the Commission within twelve months on the operation of those arrangements.

Finding and reasons

In making this decision the Commission accepted findings and reasons contained in a recommendation and statement of reasons prepared by the Deputy Disability Discrimination Commissioner, 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.

John von Doussa QC President on behalf of the Commission 8 January 2004