NOTICE OF TEMPORARY EXEMPTION UNDER THE DISABILITY DISCRIMINATION ACT: AIRPORT DIRECT

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 15 December 2006 under section 57 of the Disability Discrimination Act 1992 ("DDA"), to permit deferral of provision of wheelchair access on a public transport service known as Airport Direct operating from Shepparton to Melbourne.

Applicants

The exemption application was submitted by Mr Daniel Williams trading as Airport Direct.

Decision of the Commission

The Commission decides under section 55 of the DDA to grant an exemption from the operation of sections 23 and 24 of the DDA and from the operation of the Disability Standards for Accessible Public Transport, for a period of until 31 March 2007 in relation to the Disability Standards for Public Transport and sections 23 and 24 of the DDA, to the extent that they might require replacement or modification of Airport Direct's current vehicle before that time; on condition that Airport Direct implement the measures for provision of alternative access proposed in its application, in consultation with any passengers requiring such access..

Finding and reasons

In making this decision the Commission has considered and had regard to the following material:

  • the exemption application;
  • advice from the Accessible Public Transport National Advisory Committee
  • the findings and reasons contained in the recommendation prepared by the Commission's Director of Disability Rights Policy and available on its website www.humanrights.gov.au.

The Commission adopts the findings and reasons set out in the Recommendation as its reasons for its decision to grant a temporary exemption.

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.

Graeme Innes AM
Human Rights Commissioner and Disability Discrimination Commissioner
on behalf of the Commission
15 December 2006