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Notice of temporary exemption application: Sydney-Coffs Harbour travel
and tour service

Application

The Human Rights and Equal Opportunity Commission has received an application
from Mr G. Kinny for a temporary exemption under section 55 of the Disability
Discrimination Act (DDA) from relevant provisions of the Disability Standards
for Accessible Public Transport and the Disability Discrimination Act
to permit deferral of provision of wheelchair access on a public transport
and tour service.

The application includes the following statements by the applicant:

I am currently in the process of starting an adventure tour business
from Sydney to Coffs Harbour departing Sydney City every Wednesday morning
arriving Coffs Harbour Friday afternoon. This part of the business will
be taking in primarily the coastal National Parks. Activities will include
bushwalking, snorkelling, swimming and sightseeing. The market I am
targeting is primarily the International backpacker.

The secondary part of my business will be a shuttle service back to
Sydney three days after the drop off in Coffs Harbour. This service
will run every Tuesday and is designed for the backpacker to return
to Sydney. However the service will be available to any person wishing
to travel.

I am purchasing a new Toyota Coaster twenty seater bus, this is because
of reliability and safety which this new bus will give. Financially
I have extended myself to the limit and am unable to have wheelchair
access built in at this stage. I have received a quote for $20,000 which
is way out of my budget.

My options as I see them are not to start the business at all or purchase
an older model bus which will allow funds to be spent on wheelchair
access. If I purchase an older model I believe reliability and safety
will be compromised. The third option is to be given more time from
the Human Rights and Equal Opportunity Commission.

If given the opportunity to defer the installation of wheelchair access
I make a firm commitment to the Commission that I will have wheelchair
access installed by December 2007. For the Commissions information I
am a firm supporter of greater access to buildings and services to any
person with a disability.

I would very much appreciate a favourable decision to defer the installation
of wheelchair access until December 2007.

Issues

The Disability Standards for Accessible Public Transport while permitting
staged compliance require compliance for new vehicles.

This is subject to possible defences based on unjustifiable hardship.

In previous decisions the Commission has not been prepared to grant exemptions
purely to certify the existence of unjustifiable hardship. However the
Commission has been prepared to grant exemptions on condition that the
applicant makes and meets commitments to provide access within a reasonable
period, on the basis that 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 DDA.

Call for submissions

In accordance with its policy on exemption applications, the Commission
seeks to give interested parties an opportunity to participate in the
process of considering this application.

Accordingly, the Commission seeks submissions by 17 August 2004,
preferably by email to disabdis@humanrights.gov.au .

Submissions may also be addressed by mail to Disability Rights Unit,
Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney 1042.
Where submissions are made by mail a copy on disc should be included if
possible.

To promote open public discussion and exchange of views, the Commission
intends to make submission publicly available by posting submissions made
electronically on its Internet site. Requests for material to be treated
as confidential should be clearly indicated.

David Mason

Director Disability Rights policy

6 July 2004

Submissions received

Accessible Public Transport Jurisdictional Committee
(MS Word)