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Notice of HREOC
exemption decision re: Public Transport Corporation (Victoria) and Others

Disability
Discrimination Act 1992

Application pursuant to section 55 for exemption from a provision
or provisions of Part 2, Divisions 1 and 2

Notice of decision

The
Human Rights and Equal Opportunity Commission gives notice of a decision
made on 15 March 1999 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning trams and light rail in Melbourne.

Applicants

The
exemption application was submitted jointly by

• the
  Public Transport Corporation (PTC) established under the Transport
  Act 1993 (Vic.)
• Met
  Tram 1 and Met Tram 2, established under the Rail Corporations (Amendment)
  Act 1997 (Vic.), and  which are now known as Yarra Trams (YT)
  and Swanston Trams (ST)
• the
  Department of Infrastructure (DoI) which  administers the operation
  of public transport in Victoria under the  provisions of the Transport
  Act and other legislation
• the
  Minister for Transport for the State of Victoria.

Decision
of the Commission

The
Commission grants a conditional exemption from the provisions of section
23 and section 24 of the DDA in respect of the manner in which the applicants
provide tram and light rail services in Melbourne. The exemption extends
only to matters:

• arising
  from provision of services using vehicles  forming part of the
  applicants' fleet at the date of this decision and
• relating
  to physical access to those vehicles.

The
exemption is subject to the following conditions.

1. The
   exemption commences on 16 March 1999 and expires  on 15 March 2004.
   
    
2. The
   applicants are to implement the action plan 21st Century Accessibility
   (the action plan) lodged under DDA section 64 with the Commission on
   4 November 1999, as varied by  the amendment to that action plan
   lodged by the applicants on 9 March 1999.
   
    
3. Without
   prejudice to the importance of the action  plan as a whole the
   applicants are to implement the following undertakings  given in
   the action plan:
   
    
1. provided
   that an adequate interface between low  floor trams and infrastructure
   can be achieved, new trams will be  introduced in Melbourne commencing
   in 2002 with 106 vehicles being  replaced by the end of 2004
   by 90 larger capacity low-floor vehicles
2. apart
   from the issues of physical access dealt  with by the exemption
   the applicants will bring existing trams into  compliance with
   the draft DDA Standards for Accessible Public Transport  by continuing
   the program of on-vehicle measures including improvements  to
   such features as stop buttons, pull cords, grab rails, handrails, 
   lighting along tram aisles and destination signs
3. the
   53 W-Class trams to be retained for heritage purposes will operate
   according to the scheme described in section 5.4.6 of the action plan
   only on routes where as far as reasonably possible an accessible alternative
   is available or will become available.
   
    
4. Where
   a routinely timetabled service operated by W-Class trams is provided
   to the public free of charge on a particular route then the accessible
   alternative must be provided free of charge to those people with disabilities
   who are unable to access W-Class trams at least as frequently as the
   service provided by the W-Class trams.
   
    
5. The
   applicants are to require as far as possible  that any person who
   operates privatised services will also implement the  action plan
   or an action plan lodged by that person that is at least as  beneficial
   to people with disabilities as the action plan.
   
    
6. The
   applicants are to publish annually a report on  progress towards
   implementing the action plan and are to include in that  report
   any steps taken by operators of privatised services that improve 
   accessibility. This condition applies not only to tram and light rail 
   services but to all matters covered by the action plan.
   
    
7. If
   the applicants conclude that an adequate interface between low floor
   trams and infrastructure cannot be achieved and the introduction of
   low floor trams cannot commence in 2002 then the Commission will consider
   alternative appropriate exemption conditions that will facilitate implementation
   of the action plan.

The
effect of the decision is that if the applicants commence in 2002 to replace
with accessible trams their existing fleet then they will not be acting
unlawfully in continuing to provide services with trams that are now part
of their fleet even though those may be inaccessible to some people with
disabilities.

This
decision applies to services operated by the applicants and to privatised
services as defined in the finding and reasons referred to below.

Finding
and reasons

In
making this decision the Commission accepted the findings and reasons
contained in the recommendation and statement of reasons prepared by the
Acting Disability Discrimination Commissioner and published by the Commission
on the Internet at the following address:

Copies
may also be obtained by telephoning the Commission's Disability Rights
Unit on 02 9284 9613.

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.

Alice
Tay

President

on
behalf of the Commission

16
March 1999