From:	Bryn Davies [bryn_d80@hotmail.com]
Sent:	Friday, 4 December 2009 11:24 AM
To:	disabdis
Subject:	Application for exemption under DDA section 55: Cinema captioning 
and audio description

4 December 2009 
  
Dear Commissioner Ines, Michael Small and executives of the Australian Human Rights 
Commission, 
  
Thank you for the opportunity to make a submission in relation to the cinema collective's 
application for exemption under DDA section 55.  
  
I am a member of the Deaf Community here in Melbourne, and I have read with interest the 
various submissions regarding this application for exemption.  
  
Firstly, I must admit that I rarely ever go to the cinemas - but the reason why is compelling. 
I live in the City of Casey, and I am aware that there is a high proportion of deaf and 
hearing impaired people in this municipality, as compared to other municipalities. Despite this, 
the nearest cinema with captions is located in South Yarra, some 40 kilometres away. I often 
get asked by my work colleagues and hearing friends whether we have seen this or that in 
the cinemas, and our response is always the same - 'No, we're waiting for it to come out on 
DVD'. Why should we wait when people in the mainstream have the luxury to be able to go 
to the nearest cinema and laugh, cry, get scared, or sit on the edge of their seats at any 
time of their choosing?! 
  
Many submissions have provided persuasive and compelling facts surrounding the number of 
cinemas that are set up with captioning facilities, and the number of sessions per week, as 
well as the locations of the cinemas that do provide these facilities. In general terms, it 
should be apparent to the AHRC that while the cinemas do provide accessibility to deaf and 
hearing impaired people, they do it in a way that still makes it difficult for those same people 
to enjoy going to the cinemas - why else would the cinema collective screen captioned 
movies at inconvenient times, at one or two locations in each state, and only one movie per 
round? 
  
Whilst this was a great step forward at the beginning, it is starting to grate onto members of 
the deaf and hearing impaired community to tolerate this level of access for a number of 
years. I understand that the agreement was for access to be provided and improved upon 
continually over a number of years - this has not happened.  
  
Now we are seeing that the cinema collective trying to make up ground and are making 
noises (pardon the pun) in proposing to roll out improvements to their cinemas for the deaf 
and hearing impaired audience, at the expense of our right to complain - this is what irks me 
the most. We should NOT have to make concessions to the cinema collective in order for 
them to start the roll out as they proposed - it should have been done without fear or 
fervour and hence improve their bottom line in drawing more deaf and hearing impaired 
people to the cinemas.  
  
I also note with interest the allegation made by some submissions that as members of Deaf 
Australia and other consumer run organisations, they have not been made aware of any 
consultations that have apparently occurred between the cinema collective and disability 
organisations. I can say that the consultation process is flawed if it did not include prominent 
deaf organisations such as Deaf Australia, especially with regards to captioning which is 
essentially a need for deaf Australians. On that basis, the time granted for submissions to be 
made is unfair and at worst, discriminatory.  
  
Australia is mostly viewed as a country in the DARK AGES by the deaf community worldwide, 
and this is because Australia lags behind countries such as America, United Kingdom and 
Scandinavian countries in terms of equal access for deaf and hearing impaired people. The 
deaf and hearing impaired communities in these countries would be aghast at the application 
for exemption by the cinema collective - our human rights are not on the table for 
negotiation - EVER! 
  
I look forward to the outcome of this and many other submissions and trust that you, 
Commissioner Ines and Michael Small, see sense and refuse the application for exemption by 
the cinema collective, preferably with a mandate to get cracking on rolling out the 
improvements immediately.  
  
Kind Regards,  
  
Bryn Davies 
Cranbourne East, 3977 
  
 
 
Australia's #1 job site If It Exists, You'll Find it on SEEK