Exemptions under the Disability Discrimination Act
Page last updated: 29 October 2008
Current applications |Past decisions | Guidelines and advice | Other resources
The Human Rights and Equal Opportunity Commission is able to grant temporary exemptions from some parts of the Disability Discrimination Act. Exemptions can only be granted for purposes that further the objects of the Act. They may be subject to conditions that are set by the Commission, and are limited to a term of not more than five years.
The Commission seeks to make decisions in an accountable manner and generally seeks public comment on exemption applications before making a decision.
Please note that the Commission has not been prepared to grant exemptions simply to certify that discrimination may continue, on the basis of unjustifiable hardship or other defences. (For more discussion of this issue in relation to buildings, see our FAQ on access to premises.)
However, the Commission has been prepared to grant exemptions on condition that the applicant makes and meets commitments to improve access or opportunity within a reasonable period. To grant an exemption in such circumstances (rather than leaving an applicant to raise possible hardship defences in response to complaints if access is not provided) can be appropriate as a means of promoting achievement of the objects of the DDA.
This page is intended to promote appropriate and accountable use of the exemption power by providing full and direct access to the Commission's decisions on exemption applications and the reasons for those decisions, including submissions made by individuals and organisations on exemption applications. Any suggestions on how to improve this page further are always welcome.
Current applications
- Air South
- Queensland and Western Australian Taxi Councils: decision pending
- Australasian Railway Association : initial decision issued 23 January 2007 on some points; decision on assistance animals issued 24 September 2007; decisions on assistance ascending and descending boarding ramps and on mobility aids issued 5 November 2007; other issues deferred for further consultation;
Past exemption applications
The Commission has published the following decisions and materials on exemption applications. These contain useful material about the Commission's policy and practice on exemptions.
- Free to air television captioning (no.3)
- Rex Airlines
- Free to air television captioning (no. 2)
- Buchan Bus 'n Freight (no. 2)
- Queensland Rail: allocated spaces on tilt train
- Tiger Airways: see also notice of inquiry and submissions
- Hervey Bay RSL
- Airport Direct (2): exemption granted; see also recommendation; notice of inquiry
- Department of Infrastructure Victoria (trial regional bus services): exemption refused, not necessary; see also recommendation and application (MS Word)
- Airnorth : further exemption granted: see also recommendation; notice of inquiry
- Airport Direct: exemption refused: see also recommendation; notice of inquiry
- Echuca wharf: application withdrawn
- La La Land Byron Bay
- Oxford hotel, Casino NSW
- Bendigo tram service: see also recommendation and Notice of application
- Coffs Harbour-Sydney tour and travel service: see also recommendation and notice of inquiry
- Murranumbla bed and breakfast: see also recommendation and notice of inquiry
- Australian Subscription Television and Radio Association: see also recommendation and Notice of inquiry and decision varying reporting date
- Buchan Bus'n Freight: see also recommendation and notice of inquiry
- Northern Districts Model Engineering Society : see also recommendation and notice of application
- Airnorth: see also recommendation and reasons, notice of inquiry and submissions
- Broadcast television captioning decision: see also recommendation and reasons and broadcasters' application (MSWord) and proposal
- Toowoomba City Hall : exemption refused
- Civil Aviation Safety Authority: medical restrictions : see also submissions and notice of application
- Westbus: carriage of unoccupied and unrestrained wheelchair: application withdrawn
- Tactile ground surface indicators: Queensland Rail : Temporary exemption granted for 6 months from 11 February 2002 to permit review of technical requirements.See also recommended decision; notice of application; and submissions . See now also outcome of national meeting on TGSIs (December 2002)
- Employers Making A Difference: Exemption applied for to allow positions to be advertised as only for people with a disability. Application refused 21.8.01. No exemption necessary as no unlawful act even arguably involved. See recommendation by Deputy Commissioner Innes for reasons.
- Kendell Airlines: exemption granted on conditions; report due within 12 months | See also Kendell notice of inquiry
- Regional Airlines Association of Australia: exemption refused | See also RAAA notice of inquiry
- Infinity (Gold Coast): exemption refused (27 June 2000)
- Olympic Roads and Transport Authority: exemption granted (27/6/2000) | Notice of inquiry | zip archive of submissions
- The Wild Bunch Floral Designers: exemption refused (27 June 2000)
- :W.A. Firearms Act: refusal of exemption | Notice of Inquiry
- Gladstone Touch Association: grant of exemption | Notice of inquiry and proposed exemption
- Melbourne Trams: grant of exemption | Reasons for decision | News Release | Public submissions | Information sheet | Application document | Implementation Report July 2000
- Lutheran Church of Australia Queensland District: refusal of exemption (10 June 1997)
- Minister for Transport (SA) and Others: notice of exemption (19 March 1997)
- Womens Legal Service Inc: refusal of exemption (3 September 1996)
- Minister for Transport (SA) and others (8 February 1996): one year for initial implementation of action plan
- Minister for Transport (SA) and others (8 February 1995): see also Notice of inquiry and recommendation ; one year for development of accessible public transport strategy including action plan
- State of Western Australia (August 1994): 3 month exemption to allow time for development of non-discriminatory policies regarding HIV positive prisoners
Guidelines and advice
The Commission has published Guidelines on applications for temporary exemption under the Disability Discrimination Act. Anyone wishing to make an application for an exemption is advised to read these guidelines.
Contact the Commission's disability rights policy unit at disabdis@humanrights.gov.au if you wish to discuss a possible exemption application on a "without prejudice" basis.
Other resources
Victorian Civil and Administrative Tribunal decision: Re Doveton North Primary School