Human Rights and Equal Opportunity Commission
HREOC
GPO Box 5218
SYDNEY 1042
Dear Commissioner
Application for Exemption from the DDA by the
Olympic Roads and Traffic Authority
The Disability Council of NSW wishes to submit its views on the ORTA's application for exemption under the Disability Discrimination Act 1992.
As you are aware, the Disability Council of NSW is the official adviser to NSW and Federal Ministers on issues affecting people with a disability and their families. Since the introduction of the DDA, the Disability Council of NSW has maintained a strong interest in a range of disability discrimination issues, including the recent inquiry into rural education, the development of DDA transport standards, and other inquiries dealing specifically with discrimination of people with a disability.
The Council should like to state from the outset that it does not support ORTA's application for exemption under the DDA, nor does it agree with the arguments presented in HREOC's notice giving partial approval to the application.
At its meeting with ORTA representatives on the 11 May 2000, the Council expressed grave concern about the impact the withdrawal of buses would have on people with a disability who depend on this type of transportation to travel to work, medical appointments, recreation, education etc. Of similar concern is the effect this will have on small communities with one or two accessible buses, and in which operators have been advised that their buses are needed to meet the demand during the Olympic and Paralympic Games.
While the Council concedes that ORTA will go ahead with commandeering the number of accessible buses needed for the Olympic and Paralympic Games, the question remains whether this should happen within the context of HREOC granting a general exemption given the lack of information provided in relation to this matter and the fact that the application does very little to further the principles and objectives of the DDA.
The Council would argue that an exemption or protection from complaints should be given on the proviso that the objectives of the DDA can be enhanced through the development of an action plan by the relevant party. As far as the Council is concerned, ORTA's application does not do this. You will note that section 55 of the DDA states:
The Commission
may grant exemptions on application by … instrument…to the person or persons to
whom the application relates, as the case may be, an exemption from the
operation of a provision of Division 1 or 2 (other than section 31 or 32) as
specified in the instrument.
Although this section of the Act does not stipulate that exemptions be granted on the condition that the objectives of the Act of be enhanced, HREOC has operated under the convention of applying this condition when this section of the act has been invoked. A case in point is the Kendell Airlines application for exemption which had as its major plank the development of a 5 year action plan to address the problem areas within its business operations that gave rise to discriminatory practices. As far as the Council is aware, HROEC is to support the exemption on this proviso.
The Council believes that ORTA's application is indicative of the attitude of many agencies involved with the Olympic and Paralympic Games in that very little regard has been given to the transport needs of people with a disability. The lack of progress on the implementation of the DDA transport standards is an example of this attitude. It should be noted that ORTA has had more than 5 years to resolve this problem, and the fact that it has sought an exemption 3 months prior to the Games being held and has done so without any commitment to furthering the objects of the DDA, warrants the disability community's judgement that it is acting in bad faith.
In terms of the application itself, the Council is concerned about the lack of specific detail made available showing the extent of the withdrawal of accessible buses from those communities that depend on these forms of transportation. Nowhere is there mention of the regions likely to be affected by the withdrawal or the number buses needed for the purposes of satisfying the transport demand during the Games. You will appreciate the difficulty in fully assessing the impact of the application when there is very little information presented detailing the full impact.
In light of the concerns raised in this submission, the Council seeks assurances from the NSW Government that in implementing its Olympic Transport Strategy it will:
1. Begin immediate retrofitting of all NSW buses post Games.
2. Commit itself to the DDA Transport Standards.
3. Ensure that no-one is left worse off as a result of the bus withdrawal.
4. Ensure that there is a plan in place to deal with the likely disruption caused by the bus withdrawal.
5. Ensure that those affected by the withdrawal are compensated. For example, taxi fares at bus prices.
6. Not commandeer community transport buses.
In closing, the Council wishes to reaffirm its disappointment at ORTA's application for exemption under the DDA and the lack of regard it has shown towards addressing the transport needs of people with a disability who are likely to be affected by the decision to withdraw buses for the purposes of satisfying transport demand during the Olympic and Paralympic Games.
The Council trusts the issues raised in this submission will be duly noted.
Should you wish to discuss further any matter raised in relation to this issue, please do not hesitate to contact me.
Yours sincerely
SIGNED
Leonie Manns
Chairperson