Notice of HREOC exemption decision re: Civil Aviation Safety Authority

Notice of decision

Under section 57 of the Disability Discrimination Act 1992 ("DDA") and section 46 of the Sex Discrimination Act 1984 ("SDA") the Human Rights and Equal Opportunity Commission gives notice of a decision made on 26 November 2002.

Applicants

The exemption application was submitted by the Civil Aviation Safety Authority ("CASA").

Decision of the Commission

The Commission grants a conditional exemption from sections 19 and 29 of the DDA, and from sections 18 and 26 of the SDA, to persons acting pursuant to existing Civil Aviation Regulations regarding medical fitness, or pursuant to currently proposed amendments to those regulations.

The exemption is subject to the following conditions.

1. The exemptions commence on 26 November 2002 and expire on 26 November 2007.

2. The exemptions are to apply only where a person's pregnancy (for the purposes of the SDA) or disability (for the purposes of the DDA) prevents the person safely fulfilling the inherent requirements of the role covered by the licence concerned.

Findings and reasons

In making this decision the Commission accepted the findings and reasons contained in the recommended decision submitted by its Directors of Disability Rights Policy and Sex Discrimination Policy and published by the Commission on the Internet at the following address:
www.hreoc.gov.au/disability_rights

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 or persons whose interests are affected by the decision.


Alice Tay
President
on behalf of the Commission