NOTICE OF TEMPORARY EXEMPTION UNDER THE DISABILITY DISCRIMINATION ACT: HERVEY BAY RSL CLUB

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 25 May 2007 under section 57 of the Disability Discrimination Act 1992 ("DDA"), to permit deferral of provision of wheelchair access on courtesy buses operated by the Hervey Bay RSL Club Ltd.

Applicants

The exemption application was submitted by the Hervey Bay RSL Club Ltd.

Decision of the Commission

The Commission decides under section 55 of the DDA to grant an exemption from the operation of sections 23, 24 and 27 of the DDA and from the operation of the Disability Standards for Accessible Public Transport, for a period of until 31 March 2008, to the extent that they might require replacement or modification of the Club's current courtesy buses before that time; on condition that the Club

•  retrofit or replacing its vehicles to comply with the provisions of the DSAPT within that time, and

•  report to the Commission within 6 months on how they propose to achieve compliance..

Finding and reasons

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

  • the exemption application;
  • a submission received in support of the application from leading disability advocates in the area
  • 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
28 May 2007