Application for temporary exemption under the Disability Standards for Accessible Public Transport: Gove Peninsula Bus Service

The Commission has received an application (attached, MS Word format) from Yirrakala Business Enterprises (YBE(2)) under clause 31A of the Disability Standards for Accessible Public Transport (DSAPT) in relation to a proposed pilot bus service on the Gove Peninsula.

Application

YBE(2) is owned by the Yolngu People of the north east Arnhem Land, and its Board of Directors are the 26 clan leaders of the Yolngu People. The applicants propose to initiate a trial public bus service to service Nhulunbuy and nearby communities. The applicants propose to use a second hand bus already owned by them (which has not been used by them for public transport) for the proposed trial. They seek a temporary exemption for a trial period of two years on the basis that

• Costs of modifying their vehicle to comply with the DSAPT would exceed the value of the vehicle and be prohibitive of proceeding with the trial service
• A Memorandum of Understanding is in place with the Miwatji independent Aboriginal controlled health service for the use of an accessible vehicle owned by Miwatji if required to avoid disadvantage to people unable to use YBE(2)'s vehicle
• The applicants commit to providing staff (driver and conductor) assistance to passengers where required
• During the trial period the applicants will explore options for provision of an accessible vehicle to be acquired if the trial is successful.

Request 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 Commission seeks submissions by Monday 30 August 2010. Submissions can be submitted by email to disabdis@humanrights.gov.au ; by mail to GPO Box 5218 Sydney ߐ or by fax to 02 9284 9797.

A four week consultation period has been applied in this instance (rather than a longer period) due to the degree of community consultation on and involvement in this proposal which the application indicates has already occurred.

To promote open public discussion and exchange of views, the Commission intends to post on its Internet site submissions received electronically. Any requests for material to be treated as confidential should be clearly indicated. David Mason Strategic Policy Team Australian Human Rights Commission 3 August 2010