Exemption applications under the Disability Discrimination Act 1992 (Cth)
Legal
Section 55 of the Disability Discrimination Act 1992 (Cth) gives the Commission the power to grant temporary exemptions from certain provisions of the Act. Temporary exemptions may be granted for up to five years at a time and may be granted subject to specified terms and conditions. The effect of a temporary exemption is that discrimination covered by the exemption is not unlawful under the Act, while the exemption remains in force. Because the Act already provides general exemptions (Part 2, Division 5 of the Act – ss 45-54A) and because any temporary exemption should be consistent with the objects of the Act, the circumstances in which it will be necessary or appropriate to grant such exemptions will be limited.
The Act does not set out in any detail the criteria or procedures that the Commission should use in considering applications for temporary exemption. Section 55 of the Act simply provides the Commission with a discretion to grant such exemptions.
Because of the importance of the power to grant exemptions, and its potential impact on rights and obligations under the Act, the Commission has developed guidelines to assist the Commission in exercising this discretion. By publishing these criteria and procedures, the Commission also aims to assist interested parties in having an effective say in decisions about possible exemptions that may affect their interests.”
Please note that the Commission has not been prepared to grant exemptions simply to certify that discrimination may continue, on the basis of unjustifiable hardship or other defences. For more discussion of this issue in relation to buildings, see our FAQ on access to premises.
However, the Commission has been prepared to grant exemptions on condition that the applicant makes and meets commitments to improve access or opportunity within a reasonable period. To grant an exemption in such circumstances (rather than leaving an applicant to raise possible hardship defences in response to complaints if access is not provided) can be appropriate as a means of promoting achievement of the objects of the Act.
Current applications for temporary exemptions
> Transport for NSW temporary exemption application – Birchgrove wharf
State of Queensland temporary exemption application
The Australian Human Rights Commission (Commission) has received a joint application from the State of Queensland (acting through the Department of Transport and Main Roads) and Queensland Rail for temporary exemptions to the Disability Discrimination Act 1992 (DDA) and the Disability Standards for Accessible Public Standards 2002 (DSAPT).
The application is made pursuant to s 55(1) of the DDA and s 33A.1 of the DSAPT.
The exemptions are sought for a period of three years and relate to the New Generation Rollingstock trains (NGR) procured by the Queensland Government.
The Commission's decision - 29 March 2018
On 29 March 2018, the Australian Human Rights Commission gave notice of its decision in this matter. 
The decision can be found here and a summary of the decision can be found here.
The Commission’s preliminary view - 2 March 2018
On 2 March 2018, the Australian Human Rights Commission issued its preliminary view in this matter. The preliminary view can be found here and a summary of the preliminary view can be found here.
In accordance with its guidelines, the Commission will sometimes issue a preliminary view on an application for temporary exemptions before it reaches a final view. The purpose of a preliminary view is to provide procedural fairness and to give interested parties the opportunity to respond to the Commission’s preliminary findings before it makes a final decision. If any interested parties wish to respond to the Commission’s preliminary view, submissions are sought by 16 March 2018. Submissions should preferably be made in electronic format, and emailed to legal@humanrights.gov.au.
Responses to the Commission's preliminary view
Applicants' response to the Commission's preliminary view
Other responses
The closing date for written responses was 16 March 2018.
The following responses were received by the Commission:
| Response No. | Organisation/individual | Response |
| 1 | Rail Back on Track (RailBoT) | 1. RBoT - Response to PV.pdf |
| 2 | Queensland Rail Accessibility Reference Group | 2. ARG - Response to PV.pdf |
| 3 | Queensland Advocacy Incorporated | 3. QAI - Response to PV.pdf |
| 4 | Spinal Life Australia | 4. Spinal Life - Response to PV.pdf |
| 5 | Brendon Charles Donohue (individual) | 5. Brendon Charles Donohue - Response to PV.pdf |
| 6 | Confidential Response (individual) | 6. Confidential - Response to PV.pdf |
| 7 | Wendy Lovelace (individual) | 7. Wendy Lovelace - Response to PV.pdf |
| 8 | Inclusion Moves | 8. Inclusion Moves - Response to PV.pdf |
| 9 | Community Legal Centres Queensland | 9. CLCs QLD - Response to PV.pdf |
Original application
A copy of the original application can be found below:
A copy of the Commission’s guidelines for making decisions regarding temporary exemptions under the DDA can be found below:
On 18 October 2017, the Commission sought further information from the State of Queensland and Queensland Rail regarding the joint application. The applicant's response, and the annexures to that response, can be found below:
The Commission received the following further information from the applicants on 11 December 2017:
Request for Submissions
The Australian Human Rights Commission invited interested parties to make submissions.
The closing date for written submissions was 15 January 2018.
The following submissions were received by the Commission:
| Submission No. | Organisation/individual | Submission |
| 1 | Equal Opportunity Commission WA | 1. EOCWA Submission.pdf |
| 2 | Anti Discrimination Commission Queensland | 2. ADCQ Submission.pdf |
| 3 | Brendon Charles Donohue (individual) | 3. Brendan Charles Donohue Submission.pdf |
| 4 | Queensland Advocacy Incorporated | 4. QAI Submission.pdf |
| 5 | Community Legal Centres Queensland | 5. CLC Qld Submission.pdf |
| 6 | Queensland Rail Accessibility Reference Group | 6. QRARG Submission.pdf |
| 6(a) | Addendum to submission of Queensland Rail Accessibility Reference Group | 6 (a) QRARG Addendum Submission.pdf |
| 7 | Spinal Life Australia | 7. Spinal Life Australia Submission.pdf |
| 8 | Rail Back on Track (RailBoT) | 8. RailBoT Submission.pdf |
| 9 | Confidential Submission (individual) | 9. Confidential Submission.pdf |
| 10 | MS Queensland | 10. MS Qld Submission.pdf |
| 11 | Vision Australia | 11. Vision Australia Submission.pdf |
| 12 | Confidential Submission (individual) | 12. Confidential Submission.pdf |
| 13 | William Thomas Simpson (individual) | 13. William Thomas Simpson Submission.pdf |
| 14 | Physical Disability Australia | 14. PDA Submission.pdf |
| 15 | Queenslanders with Disability Network | 15. QDN Submission.pdf |
| 16 | Equal Opportunity Commission SA | 16. EOCSA Submission.pdf |
| 17 | Wendy Lovelace (individual) | 17. Wendy Lovelace Submission.pdf |
| 18 | Inclusion Moves | 18. Inclusion moves Submission.pdf |
| 19 | Confidential Submission (individual) | 19. Confidential submission.pdf |
| 20 | Accessible Public Transport Jurisdictional Committee (APTJC) | 20. APTJC Submission .pdf |
Joint Response by the State of Queensland and Queensland Rail to the Public Submissions Received by the Commission
NGR Response Annexure B
Transport for NSW temporary exemption application – Birchgrove wharf
The Australian Human Rights Commission has received an application from Transport for NSW for a temporary exemption to the Disability Standards for Accessible Public Transport 2002 (DSAPT) in relation to the Birchgrove ferry wharf in Sydney.
The application is made pursuant to s 33A.1 of the DSAPT.
An exemption is sought from compliance with section 2.1 (unhindered passage) and section 2.2 (continuous accessibility) of the DSAPT for the access path connecting Louisa Road to the Birchgrove wharf shelter. Transport for NSW is seeking an exemption for five years to allow for further negotiations with Inner West Council and for consideration of alternative options for equivalent access.
The Commission's decision- 3 May 2018
On 3 May 2018, the Australian Human Rights Commission gave notice of its decision in this matter. The decision can be found here and a summary of the decision can be found here.
The Commission’s preliminary view - 21 March 2018
On 21 March 2018, the Australian Human Rights Commission issued its preliminary view in this matter. The preliminary view can be found here and a summary of the preliminary view can be found here.
In accordance with its guidelines, the Commission will sometimes issue a preliminary view on an application for temporary exemptions before it reaches a final view. The purpose of a preliminary view is to provide procedural fairness and to give interested parties the opportunity to respond to the Commission’s preliminary findings before it makes a final decision. If any interested parties wish to respond to the Commission’s preliminary view, submissions are sought by 4 April 2018. Submissions should preferably be made in electronic format, and emailed to legal@humanrights.gov.au.
Responses to the Commission's preliminary view
Applicant's response to the Commission's preliminary view
Original application
A copy of the original application can be found below:
A copy of the Commission’s guidelines for making decisions regarding temporary exemptions under the DDA can be found below:
Disability Discrimination Act Exemptions Guidelines.doc
Disability Discrimination Act Exemptions Guidelines.pdf
On 20 November 2017, the Commission sought further information from Transport for NSW regarding the application. The applicant’s response, and the annexures to that response, can be found below:
Request for Submissions
The Australian Human Rights Commission invited interested parties to make submissions.
The closing date for written submissions was 19 February 2018.
The following submissions were received by the Commission:
| Submission No. | Organisation/individual | Submission |
| 1 | Inner West Council | 1 - Inner West Council submission.pdf |
| 2 | Accessible Public Transport Jurisdictional Committee (APTJC) | 2 - APTJC submission.pdf |
| 3 | Physical Disability Council of NSW | 3 - Physical Disability Council of NSW submission.pdf |
| 4 | Guide Dogs NSW/ACT | 4 - Guide Dogs NSW ACT submission.pdf |
| 5 | Vision Australia | 5 - Vision Australia submission.pdf |
| 6 | Equal Opportunity Commission WA | 6 - EOC WA submission.pdf |
| 7 | Helle Poulsen (individual) | 7 - Helle Poulsen submission.pdf |
| 8 | Lewis Kaplan (individual) | 8 - Lewis Kaplan submission.pdf |
| 9 | Confidential Submission (individual) | 9 - Anonymous submission.pdf |
Commission decisions on applications for temporary exemptions
Current exemptions (still in force)
| Applicant | Summary | Decision | Date of decision | Date gazetted | Date of expiry |
|---|---|---|---|---|---|
| Australasian Railway Association (ARA) |
The Australasian Railway Association (ARA) was granted a number of temporary exemptions from the Disability Discrimination Act 1992 and the Disability Standards for Accessible Public Transport 2002 in 2007. These exemptions apply to members of the ARA.
The Commission has subsequently granted further temporary exemptions extending the effect of the majority of the exemptions granted in 2007. These decisions can be found below on this page. The ARA has now made a new application for temporary exemptions. It seeks exemptions from the Disability Discrimination Act 1992, certain standards in the Disability Standards for Accessible Public Transport 2002, and certain standards in the Disability (Access to Premises – Buildings) Standards 2010. Further information about this application can be found here. |
Granted in part
|
1 October 2015 | 12 October 2015 |
30 September 2017 30 September 2020 |
| Redline Buses |
The applicant seeks to provide a public transport service using 11 buses purchased in 2010 which do not comply with the Transport Standards. The Applicant claims that it would impose a 'capital hardship' on it to make the vehicles in question comply with the Transport Standards. The Commission refused the applicant's application on the 6 August 2012. This decision was reviewed by the AAT and a consent order was entered into, granting an exemption for 5 years subject to conditions as referred to in the AAT decision, including reporting. |
Granted
Refused by the Commission
|
23 April 2013 | N/A | 23 April 2018 |
| Brisbane City Council | The applicant seeks to provide a public transport service with a number of buses that do not comply with Part 11 of the Transport Standards in relation to handrails and grabrails. | Granted Decision PDF Decision WORD |
16 April 2013 | 1 May 2013 |
16 April 2018 |
Past decisions (expired)
| Applicant | Summary | Decision | Date of decision | Date gazetted | Date of expiry |
|---|---|---|---|---|---|
| Commonwealth on behalf of itself and Australian Disability Enterprises | On 29 April 2014, the Commission granted the Commonwealth and Australian Disability Enterprises (ADEs) using or proposing to use the Business Services Wage Assessment Tool (BSWAT), an exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act.
The exemption granted on 29 April 2014 expired on 29 April 2015. The Commonwealth applied for two further exemptions, in effect extending the exemption granted on 29 April 2014. The Primary Application sought an exemption to 29 February 2016. This application, the Interim Application sought an exemption from 30 April 2015 to the date of the decision on the Primary Application. The decision on the Primary Application, granting a limited conditional exemption, was made on 18 December 2015 PDF/Word and 19 December 2015 PDF/WORD. On 22 March 2016 the Commission grant an exemption. |
Granted
|
22 March 2016 | 18 December 2015 | |
| Commonwealth, National Disability Services, Multitask Human Resource Foundation Ltd, Vincent Industries Inc., Jiffy Services and Tasmanian Association of Disabled Persons Abilities Centre | On 29 April 2014, the Commission granted the Commonwealth and Australian Disability Enterprises (ADEs) using or proposing to use the Business Services Wage Assessment Tool (BSWAT), an exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act. The decision granting this exemption is available below, on the Commission website at http://www.humanrights.gov.au/department-social-services-dss.
The exemption granted on 29 April 2014 expired on 29 April 2015. The Commonwealth has applied for two further exemptions, in effect extending the exemption granted on 29 April 2014. On 21 April 2015 the Commonwealth applied for a temporary exemption for 12 months to ensure the transition from the use of BSWAT to an alternative tool approved by the Fair Work Commission (FWC) is able to continue in an orderly manner and to provide reassurance to people with disability working in ADEs and their families and carers (Primary Application). This Primary application has since been amended, seeking an exemption until 29 February 2016. On 18 December 2015 the Commission granted an exemption to the Commonwealth and certain ADEs for a limited period, subject to conditions. On 19 December 2015 the Commission granted an exemption to two additional ADEs ommitted in error from the decision of 18 December 2015 for a limited period, subject to conditions. |
Granted in part
|
18 December 2015 and 19 December 2015 | various | |
| Australasian Railway Association | The Australasian Railway Association (ARA) was granted a number of temporary exemptions from the Disability Discrimination Act 1992 and the Disability Standards for Accessible Public Transport 2002 in 2007. These exemptions apply to members of the ARA. These exemptions have been extended on several occasions. The current exemption extends the operation of the exemptions originally granted in in 2007. It has been granted to allow the Australian Human Rights Commission to continue its assessment of a new, different, application for temporary exemptions made by the ARA. Previous exemptions granted to the ARA can be found below on this page. |
|
18 December 2014 | 6 January 2015 | 30 September 2015 |
| Department of Social Services (DSS, 2013)
|
On 5 September 2013 the Commission received an application for a temporary exemption from the Disability Discrimination Act 1992 from the Commonwealth. The application sought a three year exemption under the Disability Discrimination Act for the Business Services Wage Assessment Tool (BSWAT). The application was also made on behalf of all the Australian Disability Enterprises (ADEs) who use the BSWAT. The Commission has decided to grant the Applicants a temporary exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act to allow the payment of wages to ADE employees, based on assessments already conducted with the BSWAT, for a period of 12 months, subject to conditions. |
Granted
|
29 April 2014 | 28 May 2014 | 29 April 2015 |
| Australasian Railway Association |
The Australasian Railway Association (ARA) was granted a number of temporary exemptions from the Disability Discrimination Act 1992 and the Disability Standards for Accessible Public Transport 2002 in 2007. These exemptions apply to members of the ARA. The current exemption extends the operation of the exemptions originally granted in in 2007. It has been granted to allow the Australian Human Rights Commission to continue its assessment of a new, different, application for temporary exemptions made by the ARA. Previous exemptions granted to the ARA can be found below on this page. |
Granted Decision PDF Decision WORD |
26 June 2014 |
1 July 2014 | 31 December 2014 |
| Shane Radburn | The applicant seeks to use a bus that is not wheelchair accessible to provide:
|
Granted
|
13 June 2013 | 19 June 2013 | 31 October 2014 |
| Australasian Railway Association | Australasian Railway Association (ARA) seeks to exempt members of the ARA from the operation of the Disability Standards for Accessible Public Transport 2002 and certain obligations arising under the Disability Discrimination Act 1992 for a period of five years, on the condition that they comply with a proposed National Code of Practice for Accessible Rail Services.
The Commission advised ARA that no decision will be made on this application (the primary application) before 31 December 2013 when its previous exemptions are due to expire. Thus, the Commission has decided to grant the exemptions sought in the interim application for a period of six months while it considers the primary application. |
Granted |
19 December 2013
(exemption commences |
7 January 2013 | 31 June 2014 |
| Moxamu Pty Ltd (trading as Lawrence Bus Service) | The applicant seeks to use a bus that is not wheelchair accessible to provide two services per week between the towns of Lawrence and Grafton and one service per week between Lawrence and the town of Maclean. | Granted Decision PDF Decision WORD |
14 March 2013 | 27 March 2013 | 14 September 2013 |
| Queensland and Western Australian Taxi Councils | The applicant seeks a temporary exemption from the operation of Part 1.2 of Schedule 1 of the Disability Standards for Accessible Transport 2002. This Part provides that response times for wheelchair accessible taxis are to be the same as for non-wheelchair accessible taxis, and places responsibility for this requirements on taxi radio networks and co-operatives. The applicant argues that radio networks and co-operatives do not have the ability to ensure compliance. |
Withdrawn Click here for more information on the application. |
N/A | N/A | N/A |
|
Broadcasters of television programs screened on free to air television:
|
The applicants seek a temporary exemption in relation to the provision of open captions for people who are deaf or who have a hearing impairment on the television programs supplied or broadcast by the applicants. The applicants propose that the Commission grant the exemption subject to the condition that the applicants will increase the percentage of captioning provided on a number of channels that they operate. |
Granted |
8 June 2012 | 20 June 2012 | 31 December 2012 |
| Australasian Railway Association | Australasian Railway Association seeks a further exemption so as to continue the effect of the temporary exemption granted by the Commission on 7 September 2010. | Granted Decision URL |
1 February 2012 | 31 December 2013 | |
| Australian Subscription Television and Radio Association (ASTRA) |
The applicants seek a temporary exemption in relation to the provision of open captions for people who are deaf or who have a hearing impairment on the television programs supplied or broadcast by the applicants. The Commission refused the applicant's application on the 17 September 2010. This decision was reviewed by the AAT and a consent order was entered into, granting an exemption until 30 June 2015, subject to conditions as referred to in the AAT decision. |
Granted
Refused by the Commission |
30 April 2012 | N/A | 30 June 2015 |
|
Cinemas:
|
The applicants seek a temporary exemption in relation to the provision of open captions of films for people who are deaf or who have a hearing impairment and audio description of films for people who are blind or have a vision impairment. | Refused Decision PDF Decision WORD |
29 April 2010 | N/A | N/A |
| Prime Media Group of Companies, WIN Corporation Group of Companies and Macquarie Southern Cross Media Group of Companies | The applicants seek a temporary exemption on the same terms as the exemption granted by the Commission on 13 October 2008 (expiry: 13 October 2011) to ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network. That exemption followed earlier exemptions granted by the Commission, which had provided for staged increases in levels of captioning provided. | Granted Decision URL |
12 May 2009 | 31 December 2011 | |
| WizzBus Bus and Coach Services | The applicant seeks a temporary exemption in relation to a bus service to be established between Moorabin Airport and Melbourne under a contract being sought with the Victorian Department of Infrastructure. The application seeks an exemption for 5 years, being the anticipated initial contract period, to enable the service to commence and enable WizzBus to verify the economics of operating a low floor route bus. | Refused Decision URL |
9 March 2009 | N/A | N/A |
| ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network | The applicants seek a temporary exemption in relation to the captioning of television programing on a number of conditions as proposed by the applicants. | Granted Decision URL See related Free TV captioning consultations report |
13 October 2008 | 12 October 2011 | |
| Regional Express ('REX') Airlines | The applicant seeks to impose a requirement that passengers requiring staff assistance in transferring from a mobility aid to an aisle chair or from an aisle chair to an aircraft seat provide reasonable notice of this requirement. |
Granted |
10 October 2008 | 9 October 2013 | |
| ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network | The applicants seek a temporary exemption in relation to the captioning of television programing on a number of conditions as proposed by the applicants. | Granted Decision URL |
27 August 2008 | 26 August 2009 | |
| Buchan Bus 'n Freight | The applicant seeks a temporary exemption from the effect of the provisions of the Disability Standards for Accessible Public Transport (2002) so as to permit the continued use for public transport service of a vehicle which is not wheelchair accessible and which was acquired second hand in 2004. | Granted Decision URL |
27 June 2008 | 31 December 2010 | |
| Queensland Rail Limited |
The applicant seeks a temporary exemption from the requirements of Part 9.6 of the Disability Standards for Accessible Public Transport 2002 insofar as they require the provision of additional allocated spaces on the Tilt Train booked services operated by Queensland Rail Limited (QR). QR seeks an exemption on the basis that existing provision of allocated spaces has been shown to be sufficient to meet demand, and that modification to provide additional allocated spaces on the Tilt Train booked services operated by Queensland Rail Limited. |
Granted Decision URL |
3 March 2008 | 2 March 2013 | |
| Tiger Airways |
The applicant seeks a temporary exemption from liability for failure to provide access for persons unable to board or disembark using passenger boarding stairs. Tiger Airways is in a position to undertake that passenger lifting equipment will be available by the end of the requested exemption period. |
Granted Decision URL |
1 February 2008 | 29 February 2008 | |
| Hervey Bay RSL Club Ltd | The applicant seeks a temporary exemption from the operation of sections 23, 24 and 27 of the Disability Discrimination Act 1992 and from the oepration of the Disability Standards for Accessible Public Transport 2002 to the extent that they might require replacement or modification of the Club's current courtesy buses . | Granted Decision URL |
28 May 2007 | 31 March 2008 | |
| Australasian Railway Association | The applicant seeks a temporary exemption in relation to stowing mobility aids on booked services on booked services and transfer of passengers to and from their mobility aids. |
Granted Note: This decision is further to a number of separate exemptions granted by the Commission to Australasian Railway Association on 22 January 2007. |
5 November 2007 | Various | |
| Australasian Railway Association | The applicant seeks a temporary exemption in relation to direct assistance to passengers. |
Granted Note: This decision is further to a number of separate exemptions granted by the Commission to Australasian Railway Association on 22 January 2007. |
5 November 2007 | Various | |
| Australasian Railway Association | The applicant seeks a number of temporary exemptions from the Disability Standards for Accessible Public Transport 2002. | Granted Decision URL |
20 January 2007 |
Various |
|
| Mr D Williams trading as Airport Direct | The applicant seeks to defer provision of wheelchair access on a public transport service known as Airport Direct operating from Shepparton to Melbourne. | Granted Decision URL |
15 December 2006 | 31 March 2007 | |
| Department of Infrastructure, Victoria | The applicant seeks a temporary exemption from any provisions of the Disability DIscrimination Act which would prevent use of physically inaccessible buses (currently in use as dedicated school buses) for a trial of more general public transport services to operate between Daylesford and Ballan and between Mt Egerton and Ballan. | Refused Decision URL |
19 June 2006 | N/A | N/A |
| Capiteq Ltd trading as Airnorth |
The applicant seeks a temporary exemption in relation to:
|
Granted Decision URL |
15 February 2006 | 14 February 2008 | |
| Mr D Williams trading as Airport Direct | The applicant seeks to defer provision of wheelchair access on a public transport service to be known as Airport Direct operating from Shepparton to Melbourne. | Refused Decision URL |
15 February 2006 | N/A | N/A |
| La La Land Byron Bay | The applicant seeks a temporary exemtpion from sections 23 and 24 of the Disability Discrimination Act 1992 to the extent that those provisions would require provision of disability access to the upper floor premises occupied by La La Land Pty Ltd. |
Granted |
May 2005 | May 2006 | |
| BCACheck Building Consultants | The applicant seeks a temporary exemption from section 23 of the Disability Discrimination Act 1992 in relation to access to premises. | Refused Decision URL |
April 2005 | N/A | N/A |
| Bendigo Tram Service | The applicant seeks a temporary exemption from sections 23 and 24 of the Disability Discrimination Act 1992 insofar as those provisions would prevent installation of one tram stop using kerb side boarding. | Granted Decision URL |
31 January 2005 | 30 January 2008 | |
| Mr G Kinny trading as Coffs Harbour-Sydney Travel and Tours Service | The applicant seeks to operate a public transport and tour service with a new vehicle lacking wheelchair access. | Granted Decision URL |
22 September 2004 | 1 December 2007 | |
| Mrs Margaret Streitberg trading as Murranumbla Bed and Breakfast | The applicant seeks a temporary exemption from sections 23 and 24 of the Disability Discrimination Act 1992 in relation to disability access to bathroom facilities at the applicant's proposed bed and breakfast. | Granted Decision URL |
22 September 2004 | 21 March 2006 | |
| Australian Subscription Television and Radio Association | The applicant seeks a temporary exemption in relation to captioning of subscription television programming. | Granted Decision URL |
4 June 2004 | 3 June 2009 | |
| Buchan Bus'n Freight | The applicant seeks a temporary exemption from the operation of the Disability Standards for Accessible Public Transport in relation to acquisition and use of a second hand bus for public transport service, to the extent that those Standards require compliance by vehicles newly entering public transport service. | Granted Decision URL |
8 January 2004 | 7 January 2006 | |
| Northern Districts Model Engineering Society | The applicant seeks a temporary exemption from sections 23 and 27 of the Disability Discrimination Act 1992 regarding lack of lift access to the upper floor of the applicant's premises. | Granted Decision URL |
25 November 2003 | 24 November 2005 | |
| Capiteq Ltd trading as Airnorth |
The applicant seeks a temporary exemption in relation to:
|
Granted Decision URL |
October 2003 | October 2005 | |
| ABC TV, SBS Television, Network Ten, Channel Nine and Seven Network | The applicants seek a temporary exemption in relation to the captioning of television programing. | Granted Decision URL |
29 May 2003 | 28 May 2008 | |
| Toowoomba City Council | The applicant seeks a temporary exemption from sections 22 (access to premises) and 24 (provision of goods, services and facilities) of the Disability Discrimination Act 1992. | Refused Decision URL |
February 2003 | N/A | N/A |
| Civil Aviation Safety Authority | The applicant requests an exemption from sections 19 and 29 of the Disability Discrimination Act 1992 in relation to persons acting pursuant to Civil Aviation Regulations and their medical fitness. | Granted Decision URL |
26 November 2002 | 25 November 2007 | |
| Queensland Rail |
The applicant seeks a temporary exemption from having to instal tactile ground surface indicators. |
Granted Decision URL |
11 February 2002 | 10 August 2002 | |
| Kendell Airlines |
The applicant seeks an exemption in relation to:
|
Granted Decision URL |
17 August 2000 | 16 August 2005 | |
| Regional Airlines Association of Australia | The applicant seeks a temporary exemption in relation to accessibility of small aircraft. | Refused Decision URL |
17 August 2000 | N/A | N/A |
| Infinity (Gold Coast) Pty Ltd | The applicant seeks a temporary exemption in relation to access to premises. | Refused Decision URL |
27 June 2000 | N/A | N/A |
| Olympic Roads and Transport Authority | The applicant seeks a temporary exemption in relation to the proposed temporary transfer of accessible buses from existing services in relation to the Olympic Games and Paralympic Games. | Granted Decision URL |
27 June 2000 | 4 November 2000 | |
| Lautoka Pty Ltd trading as Wild Bunch Floral Designers | The applicant seeks a temporary exemption in relation to access to premises. | Refused Decision URL |
27 June 2000 | N/A | N/A |
| Commissioner of Police for Western Australia | The applicant seeks a temporary exemption in relation to decisions to refuse permits or licences under the Firearms Act 1973 (WA) and related matetrs. | Refused Decision URL |
16 May 2000 | N/A | N/A |
| Gladstone Touch Association | The applicant seeks a temporary exemption in relation to lack of ramp access to upper level additions to the premises of the Gladstone Touch Association. | Granted Decision URL |
28 September 1999 | 27 September 2004 | |
|
Joint application by:
|
The applicants seek a temporary exemption in relation to the manner in which the applicants provide tram and light rail services in Melbourne. | Granted Decision URL |
16 March 1999 | 15 March 2004 | |
| Lutheran Church of Australia Queensland District | The applicant seeks to institute a procedure for assessing the needs of students with disabilities at schools for which the applicant is responsible and, in the event of failure of that procedure in any individual case, to apply to the Commission for a specific exemption. | Refused Decision URL |
10 June 1997 | N/A | N/A |
| Minister for Transport for the State of South Australia, the Passenger Transport Board and TransAdelaide. | The applicants seek a temporary exemption in relation to the manner in which the applicants provide all services relating to transport in the State of South Australia. |
Granted |
19 March 1997 | 18 March 1999 | |
| Women's Legal Service Inc | The applicant seeks a temporary exemption in relation to premises at 387 Ipswich Road, Annerley, Queensland. | Refused Decision URL |
3 September 1996 | N/A | N/A |
| Minister for Transport of the State of South Australia | The applicant seeks a temporary exemption in relation to its existing fleet of buses and lack of access for people who use a wheelchari. | Granted Decision URL |
8 February 1996 | 6 November 1996 |
