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Exemption applications under the Disability Discrimination Act 1992 (Cth)

Legal Legal
Friday 14 December, 2012

 

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

 

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. PDF icon The decision can be found here and a PDF icon 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) PDF icon1. RBoT - Response to PV.pdf
2 Queensland Rail Accessibility Reference Group PDF icon2. ARG - Response to PV.pdf
3 Queensland Advocacy Incorporated PDF icon3. QAI - Response to PV.pdf
4 Spinal Life Australia PDF icon4. Spinal Life - Response to PV.pdf
5 Brendon Charles Donohue (individual) PDF icon5. Brendon Charles Donohue - Response to PV.pdf
6 Confidential Response (individual) PDF icon6. Confidential - Response to PV.pdf
7 Wendy Lovelace (individual) PDF icon7. Wendy Lovelace - Response to PV.pdf
8 Inclusion Moves PDF icon8. Inclusion Moves - Response to PV.pdf
9 Community Legal Centres Queensland PDF icon9. 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 PDF icon1. EOCWA Submission.pdf
2 Anti Discrimination Commission Queensland PDF icon2. ADCQ Submission.pdf
3 Brendon Charles Donohue (individual)  PDF icon3. Brendan Charles Donohue Submission.pdf
Queensland Advocacy Incorporated PDF icon4. QAI Submission.pdf
5 Community Legal Centres Queensland PDF icon5. CLC Qld Submission.pdf
6 Queensland Rail Accessibility Reference Group PDF icon6. QRARG Submission.pdf
6(a) Addendum to submission of Queensland Rail Accessibility Reference Group PDF icon6 (a) QRARG Addendum Submission.pdf
Spinal Life Australia PDF icon7. Spinal Life Australia Submission.pdf
8 Rail Back on Track (RailBoT) PDF icon8. RailBoT Submission.pdf
9 Confidential Submission (individual) PDF icon9. Confidential Submission.pdf
10 MS Queensland PDF icon10. MS Qld Submission.pdf
11 Vision Australia PDF icon11. Vision Australia Submission.pdf
12 Confidential Submission (individual) PDF icon12. Confidential Submission.pdf
13 William Thomas Simpson (individual) PDF icon13. William Thomas Simpson Submission.pdf
14 Physical Disability Australia PDF icon14. PDA Submission.pdf
15 Queenslanders with Disability Network PDF icon15. QDN Submission.pdf
16 Equal Opportunity Commission SA PDF icon16. EOCSA Submission.pdf
17 Wendy Lovelace (individual)  PDF icon17. Wendy Lovelace Submission.pdf
18 Inclusion Moves PDF icon18. Inclusion moves Submission.pdf
19 Confidential Submission (individual)  PDF icon19. Confidential submission.pdf
20 Accessible Public Transport Jurisdictional Committee (APTJC) PDF icon20. 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. PDF icon The decision can be found here and a PDF icon 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
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
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 

Commission PDF Decision

 

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:
  • a school bus service for Captain's Flat Primary School; and
  • a scheduled public passenger service from Captain's Flat to Queanbeyan one day per week after 9am (after school starts) and returning to Captains Flat prior to school finishing.

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

Decision PDF
Decision WORD
 

19 December 2013

(exemption commences
1 January 2014)

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:

  • Seven Network Ltd
  • Nine Entertainment Co
  • Network Ten Ltd
  • Prime Media
  • WIN Corporation
  • Southern Cross Australia
  • Imparja Television Pty Ltd
  • Special Broadcasting Services Corporation; and
  • Australian Broadcasting Corporation (ABC)

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
Decision PDF
Decison WORD

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
Commission Decision PDF
Commission Decision WORD

30 April 2012 N/A 30 June 2015

Cinemas:

  • Village Roadshow Limited
  • Amalgamated Holdings Ltd trading as Greater Union Cinemas
  • Event Cinemas and Birch Carroll & Coyle
  • Reading Cinemas Pty Limited
  • The Hoyts Corporation Pty Limited
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
Decision URL

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
Decision URL

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
Decision URL

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:

  • Lack of access to aircraft seats for people requiring wheelchair access, where this is prevented by limited aisle width;
  • Lack of access to aircraft or seats for passengers requiring lifting, where this cannot be performed in compliance with the requirements of applicable occupational health and safety laws due to space constraints of the particular aircraft; and
  • Requirements for notice of disability access requirements, where these requirements are reasonable in the circumstances.
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
Decision URL

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:

  • Lack of access to aircraft seats for people requiring wheelchair access, where this is prevented by limited aisle width;
  • Lack of access to aircraft or seats for passengers requiring lifting, where this cannot be performed in compliance with the requirements of applicable occupational health and safety laws due to space constraints of the particular aircraft; and
  • Requirements for notice of disability access requirements, where these requirements are reasonable in the circumstances.
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:

  • Lack of access to aircraft seats for people requiring wheelchair access, where this is prevented by limited aisle width;
  • Lack of access to aircraft or seats for passengers requiring lifting, where this cannot be performed consistently with the requirements of applicable occupational health and safety laws due to space constraints of the particular aircraft;
  • Requirement for a passenger to be accompanied by an assistant (so long as an if an assistant is required by Kendell travel is at "carer fare" as presently applied by Kendell's parent company Ansett) if the passenger is:
    - unable to understand instructions given by the flight crew (even if instructions are available in both visual and audible form), or (where there is no cabin attendant)
    - unable to exit the aircraft unaided in case of an emergency, or
    unable to administer themselves oxygen unaided during a depressurisation of an aircraft during an emergency, or
    - unable to attire themselves in a life jacket during an emergency landing over water (where applicable to the flight concerned).
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:

  • Public Transport Corporation;
  • Met Tram 1 and Met Tram 2 (now known as Yarra Trams and Swanston Trams);
  • Department of Infrastructure; and 
  • Minister for Transport for the State of Victoria.
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
Decision URL

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