NOTICE OF TEMPORARY EXEMPTION UNDER THE DDA: QUEENSLAND RAIL
Notice
The Human Rights and Equal Opportunity Commission gives notice of a decision
made on 11 February 2002 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning tactile ground surface indicators
("TGSIs").
Applicants
The exemption application was submitted by and on behalf of Queensland
Rail (QR).
Decision of the Commission
The Commission decided to grant an exemption under section 55 of the
DDA to QR, from the provisions of sections 23 and 24 of the DDA, in so
far as they require installation of TGSIs, for a period of 6 months. The
exemption is on condition that
- QR consult with interested parties and report to HREOC within four
months on the approach which Queensland Rail will adopt to use of TGSIs
- This consultation include requesting the chair of the Rail Modal Group
of the Accessible Transport Standards Consultative Committee to convene
a meeting no later than March 2002 of that group together with representatives
of the National Transport Secretariat, Blind Citizens Australia, the
Physical Disability Council of Australia and the relevant Standards
Australia committee with a view to identifying if possible an appropriate
uniform approach to use of TGSIs for rail operators nationally
- QR agree to apply TGSIs in accordance with the outcome of these consultations
to any stations upgraded by them during the period of the exemption,
within a further twelve months.
Finding and reasons
In making this decision the Commission accepted findings and reasons
contained in a recommendation and statement
of reasons prepared by the Deputy Disability Discrimination Commissioner,
which is available on the Commission's web site www.humanrights.gov.au
.
Review of decision
Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the decision to which this notice relates by or on behalf of any person/s whose interests are affected by the decision.
Alice Tay
President
on behalf of the Commission
11 February 2002