Exemption applications under the Disability Discrimination Act 1992 (Cth)
Explore exemption applications and decisions made under the Disability Discrimination Act 1992, including approved temporary exemptions and the application
Summary
Section 55 of the Disability Discrimination Act 1992 (Cth) gives the Commission the power to grant temporary exemptions from certain provisions of the Act. Temporary exemptions may be granted for up to five years at a time and may be granted subject to specified terms and conditions.
The effect of a temporary exemption is that discrimination covered by the exemption is not unlawful under the Act, while the exemption remains in force. Because the Act already provides general exemptions (Part 2, Division 5 of the Act – ss 45-54A ) and because any temporary exemption should be consistent with the objects of the Act, the circumstances in which it will be necessary or appropriate to grant such exemptions will be limited.
The Act does not set out in any detail the criteria or procedures that the Commission should use in considering applications for temporary exemption. Section 55 of the Act simply provides the Commission with a discretion to grant such exemptions.
Because of the importance of the power to grant exemptions, and its potential impact on rights and obligations under the Act, the Commission has developed guidelines to assist the Commission in exercising this discretion. By publishing these criteria and procedures, the Commission also aims to assist interested parties in having an effective say in decisions about possible exemptions that may affect their interests. You can access the Commission Guidelines here.
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 Act.
Current applications for temporary exemptions
There are no current applications
Current exemptions (still in force)
| Applicant | Summary | Decision | Date of decision | Date gazetted | Date of expiry |
|---|---|---|---|---|---|
| Australasian Railway Association | On behalf of some of its members, the applicant seeks temporary exemptions from certain sections of the Transport Standards and Access Code for Buildings | Granted Decision PDF (437.42 KB) | 9 June 2022 | 24 June 2022 | 8 June 2027 |
Past decisions (expired)
| Applicant | Summary | Decision | Date of decision | Date gazetted | Date of expiry |
|---|---|---|---|---|---|
| City of Ryde Council | The applicant seeks temporary exemptions in relation to bus stop upgrades | Denied Decision PDF (317.46 KB) | 18 May 2023 | 23 May 2023 | N/A |
| State of Queensland | The State of Queensland and Queensland Rail jointly applied for temporary exemptions to sections 23 and 24 of the Disability Discrimination Act 1992 (DDA) and sections 2.6(1), 2.8(1), 8.2, 15.3, 15.4(1)(b) and 15.4(3) the Disability Standards for Accessible Public Standards 2002 (DSAPT). | Granted in part (395.34 KB) (81.76 KB) | 29 March 2018 | 9 April 2018 | 1 October 2020 |
| Australasian Railway Association (ARA) | The Australasian Railway Association (ARA) was granted a number of temporary exemptions from the Disability Discrimination Act 1992 and the Disability Standards for Accessible Public Transport 2002 in 2007. These exemptions apply to members of the ARA. The Commission has subsequently granted further temporary exemptions extending the effect of the majority of the exemptions granted in 2007. These decisions can be found below on this page. The ARA has now made a new application for temporary exemptions. It seeks exemptions from the Disability Discrimination Act 1992, certain standards in the Disability Standards for Accessible Public Transport 2002, and certain standards in the Disability (Access to Premises – Buildings) Standards 2010. Further information about this application can be found here. | Granted in part (534.03 KB) (310.5 KB) | 1 October 2015 | 12 October 2015 | 30 September 2017 30 September 2020 |
| Transport for New South Wales - Birchgrove Wharf | The applicant seeks a temporary exemption from compliance with the Disability Standards for Accessible Public Transport 2002 (DSAPT) in relation to infrastructure at Birchgrove Ferry Wharf. In particular, it seeks a temporary exemption from compliance with section 2.1 (unhindered passage) and section 2.2 (continuous accessibility) of the DSAPT in relation to the access path connecting Louisa Road to the Birchgrove Wharf shelter. | Granted (529.15 KB) (99.28 KB) Commission PDF decision (extension) (124.6 KB) Commission WORD decision (extension) (51.28 KB) | 3 May 2018 | 4 May 2018 | 3 November 2018 3 February 2019 |
| Redline Buses | The applicant seeks to provide a public transport service using 11 buses purchased in 2010 which do not comply with the Transport Standards. The Applicant claims that it would impose a 'capital hardship' on it to make the vehicles in question comply with the Transport Standards. The Commission refused the applicant's application on 6 August 2012. This decision was revised by the AAT and a consent order was entered into, granting an exemption for 5 years subject to conditions as referred to in the AAT decision, including reporting. | Refused by the Commission (89.5 KB) | 23 April 2013 | N/A | 23 April 2018 |
| Brisbane City Council | The applicant seeks to provide a public transport service with a number of buses that do not comply with Part 11 of the Transport Standards in relation to handrails and grabrails. | Granted | 16 April 2013 | 1 May 2013 | 16 April 2018 |
| Commonwealth on behalf of itself and Australian Disability Enterprises | On 29 April 2014, the Commission granted the Commonwealth and Australian Disability Enterprises (ADEs) using or proposing to use the Business Services Wage Assessment Tool (BSWAT), an exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act. The exemption granted on 29 April 2014 expired on 29 April 2015. The Commonwealth applied for two further exemptions, in effect extending the exemption granted on 29 April 2014. The Primary Application sought an exemption to 29 February 2016. This application, the Interim Application sought an exemption from 30 April 2015 to the date of the decision on the Primary Application. The decision on the Primary Application, granting a limited conditional exemption, was made on 18 December 2015 PDF/Word and 19 December 2015 PDF/WORD. On 22 March 2016 the Commission grant an exemption. | Granted (68.09 KB) (209.13 KB) | 22 March 2016 | 18 December 2015 | |
| Commonwealth, National Disability Services, Multitask Human Resource Foundation Ltd, Vincent Industries Inc., Jiffy Services and Tasmanian Association of Disabled Persons Abilities Centre | On 29 April 2014, the Commission granted the Commonwealth and Australian Disability Enterprises (ADEs) using or proposing to use the Business Services Wage Assessment Tool (BSWAT), an exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act. The decision granting this exemption is available below, on the Commission website at http://www.humanrights.gov.au/department-social-services-dss. The exemption granted on 29 April 2014 expired on 29 April 2015. The Commonwealth has applied for two further exemptions, in effect extending the exemption granted on 29 April 2014. On 21 April 2015 the Commonwealth applied for a temporary exemption for 12 months to ensure the transition from the use of BSWAT to an alternative tool approved by the Fair Work Commission (FWC) is able to continue in an orderly manner and to provide reassurance to people with disability working in ADEs and their families and carers (Primary Application). This Primary application has since been amended, seeking an exemption until 29 February 2016. On 18 December 2015 the Commission granted an exemption to the Commonwealth and certain ADEs for a limited period, subject to conditions. On 19 December 2015 the Commission granted an exemption to two additional ADEs omitted in error from the decision of 18 December 2015 for a limited period, subject to conditions. | Granted in part (103.43 KB) (224.78 KB) (126.38 KB) (226.43 KB) | 18 December 2015 22 December 2015 | Various | |
| Australasian Railway Association | The Australasian Railway Association (ARA) was granted a number of temporary exemptions from the Disability Discrimination Act 1992 and the Disability Standards for Accessible Public Transport 2002 in 2007. These exemptions apply to members of the ARA. These exemptions have been extended on several occasions. The current exemption extends the operation of the exemptions originally granted in 2007. It has been granted to allow the Australian Human Rights Commission to continue its assessment of a new, different, application for temporary exemptions made by the ARA. Previous exemptions granted to the ARA can be found below on this page. | (89.23 KB) (89.5 KB) | 18 December 2014 | 6 January 2015 | 30 September 2015 |
| Department of Social Services (DSS, 2013) | On 5 September 2013 the Commission received an application for a temporary exemption from the Disability Discrimination Act 1992 from the Commonwealth. The application sought a three year exemption under the Disability Discrimination Act for the Business Services Wage Assessment Tool (BSWAT). The application was also made on behalf of all the Australian Disability Enterprises (ADEs) who use the BSWAT. The Commission has decided to grant the Applicants a temporary exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act to allow the payment of wages to ADE employees, based on assessments already conducted with the BSWAT, for a period of 12 months, subject to conditions. | Granted (131.45 KB) (99 KB) | 29 April 2014 | 28 May 2014 | 29 April 2015 |
| Australasian Railway Association | The Australasian Railway Association (ARA) was granted a number of temporary exemptions from the Disability Discrimination Act 1992 and the Disability Standards for Accessible Public Transport 2002 in 2007. These exemptions apply to members of the ARA. The current exemption extends the operation of the exemptions originally granted in 2007. It has been granted to allow the Australian Human Rights Commission to continue its assessment of a new, different, application for temporary exemptions made by the ARA. Previous exemptions granted to the ARA can be found below on this page. | Granted Decision PDF Decision WORD | 26 June 2014 | 1 July 2014 | 31 December 2014 |
| Shane Radburn | The applicant seeks to use a bus that is not wheelchair accessible to provide:
| Granted (104.31 KB) (91.5 KB) | 13 June 2013 | 19 June 2013 | 31 October 2014 |
| Australasian Railway Association | Australasian Railway Association (ARA) seeks to exempt members of the ARA from the operation of the Disability Standards for Accessible Public Transport 2002 and certain obligations arising under the Disability Discrimination Act 1992 for a period of five years, on the condition that they comply with a proposed National Code of Practice for Accessible Rail Services. The Commission advised ARA that no decision will be made on this application (the primary application) before 31 December 2013 when its previous exemptions are due to expire. Thus, the Commission has decided to grant the exemptions sought in the interim application for a period of six months while it considers the primary application. | Granted Decision WORD | 19 December 2013 (exemption commences 1 January 2014) | 7 January 2013 | 31 June 2014 |
| Moxamu Pty Ltd (trading as Lawrence Bus Service) | The applicant seeks to use a bus that is not wheelchair accessible to provide two services per week between the towns of Lawrence and Grafton and one service per week between Lawrence and the town of Maclean. | Granted Decision PDF Decision WORD | 14 March 2013 | 27 March 2013 | 14 September 2013 |
| Queensland and Western Australian Taxi Councils | The applicant seeks a temporary exemption from the operation of Part 1.2 of Schedule 1 of the Disability Standards for Accessible Transport 2002. This Part provides that response times for wheelchair accessible taxis are to be the same as for non-wheelchair accessible taxis, and places responsibility for this requirements on taxi radio networks and co-operatives. The applicant argues that radio networks and co-operatives do not have the ability to ensure compliance. | Withdrawn | N/A | N/A | N/A |
Broadcasters of television programs screened on free to air television:
| The applicants seek a temporary exemption in relation to the provision of open captions for people who are deaf or who have a hearing impairment on the television programs supplied or broadcast by the applicants. The applicants propose that the Commission grant the exemption subject to the condition that the applicants will increase the percentage of captioning provided on a number of channels that they operate. | Granted Decision PDF Decison WORD | 8 June 2012 | 20 June 2012 | 31 December 2012 |
| Australasian Railway Association | Australasian Railway Association seeks a further exemption so as to continue the effect of the temporary exemption granted by the Commission on 7 September 2010. | Granted | 1 February 2012 | 31 December 2013 | |
| Australian Subscription Television and Radio Association (ASTRA) | The applicants seek a temporary exemption in relation to the provision of open captions for people who are deaf or who have a hearing impairment on the television programs supplied or broadcast by the applicants. The Commission refused the applicant's application on the 17 September 2010. This decision was reviewed by the AAT and a consent order was entered into, granting an exemption until 30 June 2015, subject to conditions as referred to in the AAT decision. | Granted (418.51 KB) Refused Commission Decision WORD | 30 April 2012 | N/A | 30 June 2015 |
Cinemas:
| The applicants seek a temporary exemption in relation to the provision of open captions of films for people who are deaf or who have a hearing impairment and audio description of films for people who are blind or have a vision impairment. | Refused Decision PDF Decision WORD | 29 April 2010 | N/A | N/A |
| Prime Media Group of Companies, WIN Corporation Group of Companies and Macquarie Southern Cross Media Group of Companies | The applicants seek a temporary exemption on the same terms as the exemption granted by the Commission on 13 October 2008 (expiry: 13 October 2011) to ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network. That exemption followed earlier exemptions granted by the Commission, which had provided for staged increases in levels of captioning provided. | Granted | 12 May 2009 | 31 December 2011 | |
| WizzBus Bus and Coach Services | The applicant seeks a temporary exemption in relation to a bus service to be established between Moorabin Airport and Melbourne under a contract being sought with the Victorian Department of Infrastructure. The application seeks an exemption for 5 years, being the anticipated initial contract period, to enable the service to commence and enable WizzBus to verify the economics of operating a low floor route bus. | Refused | 9 March 2009 | N/A | N/A |
| ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network | The applicants seek a temporary exemption in relation to the captioning of television programing on a number of conditions as proposed by the applicants. | Granted See related | 13 October 2008 | 12 October 2011 | |
| Regional Express ('REX') Airlines | The applicant seeks to impose a requirement that passengers requiring staff assistance in transferring from a mobility aid to an aisle chair or from an aisle chair to an aircraft seat provide reasonable notice of this requirement. | Granted | 10 October 2008 | 9 October 2013 | |
| ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network | The applicants seek a temporary exemption in relation to the captioning of television programing on a number of conditions as proposed by the applicants. | Granted | 27 August 2008 | 26 August 2009 | |
| Buchan Bus 'n Freight | The applicant seeks a temporary exemption from the effect of the provisions of the Disability Standards for Accessible Public Transport (2002) so as to permit the continued use for public transport service of a vehicle which is not wheelchair accessible and which was acquired second hand in 2004. | Granted | 27 June 2008 | 31 December 2010 | |
| Queensland Rail Limited | The applicant seeks a temporary exemption from the requirements of Part 9.6 of the Disability Standards for Accessible Public Transport 2002 insofar as they require the provision of additional allocated spaces on the Tilt Train booked services operated by Queensland Rail Limited (QR). QR seeks an exemption on the basis that existing provision of allocated spaces has been shown to be sufficient to meet demand, and that modification to provide additional allocated spaces on the Tilt Train booked services operated by Queensland Rail Limited. | Granted | 3 March 2008 | 2 March 2013 | |
| Tiger Airways | The applicant seeks a temporary exemption from liability for failure to provide access for persons unable to board or disembark using passenger boarding stairs. Tiger Airways is in a position to undertake that passenger lifting equipment will be available by the end of the requested exemption period. | Granted | 1 February 2008 | 29 February 2008 | |
| Hervey Bay RSL Club Ltd | The applicant seeks a temporary exemption from the operation of sections 23, 24 and 27 of the Disability Discrimination Act 1992 and from the oepration of the Disability Standards for Accessible Public Transport 2002 to the extent that they might require replacement or modification of the Club's current courtesy buses . | Granted | 28 May 2007 | 31 March 2008 | |
| Australasian Railway Association | The applicant seeks a temporary exemption in relation to stowing mobility aids on booked services on booked services and transfer of passengers to and from their mobility aids. | Granted Note: This decision is further to a number of separate exemptions granted by the Commission to Australasian Railway Association on 22 January 2007. | 5 November 2007 | Various | |
| Australasian Railway Association | The applicant seeks a temporary exemption in relation to direct assistance to passengers. | Granted Note: This decision is further to a number of separate exemptions granted by the Commission to Australasian Railway Association on 22 January 2007. | 5 November 2007 | Various | |
| Australasian Railway Association | The applicant seeks a number of temporary exemptions from the Disability Standards for Accessible Public Transport 2002. | Granted | 20 January 2007 | Various | |
| Mr D Williams trading as Airport Direct | The applicant seeks to defer provision of wheelchair access on a public transport service known as Airport Direct operating from Shepparton to Melbourne. | Granted | 15 December 2006 | 31 March 2007 | |
| Department of Infrastructure, Victoria | The applicant seeks a temporary exemption from any provisions of the Disability DIscrimination Act which would prevent use of physically inaccessible buses (currently in use as dedicated school buses) for a trial of more general public transport services to operate between Daylesford and Ballan and between Mt Egerton and Ballan. | Refused | 19 June 2006 | N/A | N/A |
| Capiteq Ltd trading as Airnorth | The applicant seeks a temporary exemption in relation to:
| Granted | 15 February 2006 | 14 February 2008 | |
| Mr D Williams trading as Airport Direct | The applicant seeks to defer provision of wheelchair access on a public transport service to be known as Airport Direct operating from Shepparton to Melbourne. | Refused | 15 February 2006 | N/A | N/A |
| La La Land Byron Bay | The applicant seeks a temporary exemption from sections 23 and 24 of the Disability Discrimination Act 1992 to the extent that those provisions would require provision of disability access to the upper floor premises occupied by La La Land Pty Ltd. | Granted | May 2005 | May 2006 | |
| BCACheck Building Consultants | The applicant seeks a temporary exemption from section 23 of the Disability Discrimination Act 1992 in relation to access to premises. | Refused | April 2005 | N/A | N/A |
| Bendigo Tram Service | The applicant seeks a temporary exemption from sections 23 and 24 of the Disability Discrimination Act 1992 insofar as those provisions would prevent installation of one tram stop using kerb side boarding. | Granted | 31 January 2005 | 30 January 2008 | |
| Mr G Kinny trading as Coffs Harbour-Sydney Travel and Tours Service | The applicant seeks to operate a public transport and tour service with a new vehicle lacking wheelchair access. | Granted | 22 September 2004 | 1 December 2007 | |
| Mrs Margaret Streitberg trading as Murranumbla Bed and Breakfast | The applicant seeks a temporary exemption from sections 23 and 24 of the Disability Discrimination Act 1992 in relation to disability access to bathroom facilities at the applicant's proposed bed and breakfast. | Granted | 22 September 2004 | 21 March 2006 | |
| Australian Subscription Television and Radio Association | The applicant seeks a temporary exemption in relation to captioning of subscription television programming. | Granted | 4 June 2004 | 3 June 2009 | |
| Buchan Bus'n Freight | The applicant seeks a temporary exemption from the operation of the Disability Standards for Accessible Public Transport in relation to acquisition and use of a second hand bus for public transport service, to the extent that those Standards require compliance by vehicles newly entering public transport service. | Granted | 8 January 2004 | 7 January 2006 | |
| Northern Districts Model Engineering Society | The applicant seeks a temporary exemption from sections 23 and 27 of the Disability Discrimination Act 1992 regarding lack of lift access to the upper floor of the applicant's premises. | Granted | 25 November 2003 | 24 November 2005 | |
| Capiteq Ltd trading as Airnorth | The applicant seeks a temporary exemption in relation to:
| Granted | October 2003 | October 2005 | |
| ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network | The applicants seek a temporary exemption in relation to the captioning of television programing. | Granted | 29 May 2003 | 28 May 2008 | |
| Toowoomba City Council | The applicant seeks a temporary exemption from sections 22 (access to premises) and 24 (provision of goods, services and facilities) of the Disability Discrimination Act 1992. | Refused | February 2003 | N/A | N/A |
| Civil Aviation Safety Authority | The applicant requests an exemption from sections 19 and 29 of the Disability Discrimination Act 1992 in relation to persons acting pursuant to Civil Aviation Regulations and their medical fitness. | Granted | 26 November 2002 | 25 November 2007 | |
| Queensland Rail | The applicant seeks a temporary exemption from having to instal tactile ground surface indicators. | Granted | 11 February 2002 | 10 August 2002 | |
| Kendell Airlines | The applicant seeks an exemption in relation to:
| Granted | 17 August 2000 | 16 August 2005 | |
| Regional Airlines Association of Australia | The applicant seeks a temporary exemption in relation to accessibility of small aircraft. | Refused | 17 August 2000 | N/A | N/A |
| Infinity (Gold Coast) Pty Ltd | The applicant seeks a temporary exemption in relation to access to premises. | Refused | 27 June 2000 | N/A | N/A |
| Olympic Roads and Transport Authority | The applicant seeks a temporary exemption in relation to the proposed temporary transfer of accessible buses from existing services in relation to the Olympic Games and Paralympic Games. | Granted | 27 June 2000 | 4 November 2000 | |
| Lautoka Pty Ltd trading as Wild Bunch Floral Designers | The applicant seeks a temporary exemption in relation to access to premises. | Refused | 27 June 2000 | N/A | N/A |
| Commissioner of Police for Western Australia | The applicant seeks a temporary exemption in relation to decisions to refuse permits or licences under the Firearms Act 1973 (WA) and related matetrs. | Refused | 16 May 2000 | N/A | N/A |
| Gladstone Touch Association | The applicant seeks a temporary exemption in relation to lack of ramp access to upper level additions to the premises of the Gladstone Touch Association. | Granted | 28 September 1999 | 27 September 2004 | |
Joint application by:
| The applicants seek a temporary exemption in relation to the manner in which the applicants provide tram and light rail services in Melbourne. | Granted | 16 March 1999 | 15 March 2004 | |
| Lutheran Church of Australia Queensland District | The applicant seeks to institute a procedure for assessing the needs of students with disabilities at schools for which the applicant is responsible and, in the event of failure of that procedure in any individual case, to apply to the Commission for a specific exemption. | Refused | 10 June 1997 | N/A | N/A |
| Minister for Transport for the State of South Australia, the Passenger Transport Board and TransAdelaide. | The applicants seek a temporary exemption in relation to the manner in which the applicants provide all services relating to transport in the State of South Australia. | Granted | 19 March 1997 | 18 March 1999 | |
| Women's Legal Service Inc | The applicant seeks a temporary exemption in relation to premises at 387 Ipswich Road, Annerley, Queensland. | Refused | 3 September 1996 | N/A | N/A |
| Minister for Transport of the State of South Australia | The applicant seeks a temporary exemption in relation to its existing fleet of buses and lack of access for people who use a wheelchair. | Granted | 8 February 1996 | 6 November 1996 |