Application for temporary exemption under Disability Discrimination Act section 55: Gladstone Touch Association

The Commission has received a request under section 55 of the Disability Discrimination Act from the Gladstone Touch Association, a voluntary sporting association, for exemption from liability under the Act regarding lack of ramp access to their currently proposed clubhouse facility, to be erected above existing facilities.

The application is attached.

The exemption is sought for a period of five years to permit further fundraising efforts so as to make possible provision of ramp access to the proposed clubhouse. The application indicates that

• the Gladstone Touch Association lacks sufficient financial means to construct an accessible clubhouse at present but is committed to and confident of raising funds for provision of ramp access to the proposed facility by 2004
• local government approval to permit the development to proceed will not be forthcoming without some form of certification that requirements under disability discrimination legislation have been addressed.

The Acting Disability Discrimination Commissioner proposes to recommend to the Commission that an exemption be granted for a period of five years from section 23 of the Act (regarding access to premises), and also from sections 24 (provision of goods, services and facilities) and 27 (clubs and associations) to the extent that they relate to lack of ramp access to the premises concerned, on condition that the Association report to the Commission within three years on progress towards provision of access to its premises.

This proposal to grant an exemption in these terms is made on the basis that it appears that to do so would promote the object of the Act to eliminate discrimination as far as possible, taking into account the recognition by section 55 of the Act that achievement of non-discriminatory access may need to occur over a period of some years.

Pursuant to the Commission's policy on consideration of applications for temporary exemption, an opportunity for public comment on this proposed exemption is being provided. Submissions are requested by 10 September 1999. Submissions may be made by e-mail to disability@humanrights.gov.au or by post to Disability Rights Unit, HREOC, GPO Box 5218 Sydney 1042.