NOTICE OF TEMPORARY EXEMPTION UNDER THE DISABILITY DISCRIMINATION ACT: G. KINNY (COFFS HARBOUR-SYDNEY TRAVEL AND TOURS SERVICE )

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 21 September 2004 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning access to a proposed travel and tours service.

Applicants

The exemption application was submitted by Mr G.Kinny.

Decision of the Commission

The Commission decides under section 55 of the DDA to grant an exemption from relevant provisions of the Disability Standards for Accessible Public Transport and from sections 23 and 24 of the DDA insofar as they would prohibit operation of a public transport and tour service with a new vehicle lacking wheelchair access, until 1 December 2007.

The exemption is granted on condition that on or before that date wheelchair access be provided by replacement or refitting of the vehicle.

Finding and reasons

In making this decision the Commission accepted findings and reasons contained in a recommendation and statement of reasons prepared by its Director of Disability Rights policy, 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.

Dr Sev Ozdowski OAM
Acting Disability Discrimination Commissioner
on behalf of the Commission 22 September 2004