ࡱ> LNKS@ z/bjbj Bx'4h <Vlllllll$R `llllfggg.llggg{:;,{lJ 'kFg tTq f Mf {f {Dl$:g^Zlll] 19 NOVEMBER 2002 HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION G P O BOX 5218 SYDNEY NSW 1042 Dear Sir, CITY HALL THEATRE 541 RUTHVEN STREET, TOOWOOMBA APPLICATION FOR EXEMPTION UNDER SECTION 55 OF THE DISABILITY DISCRIMINATION ACT Council owns the heritage listed City Hall Theatre located at 541 Ruthven Street, Toowoomba, Queensland. The Theatre, which was constructed in 1900 with subsequent refurbishments (the latest being in the early 1970s), has an auditorium with a seating capacity of 486. The Theatre is part of a larger complex known as the City Hall most of which was extensively renovated (at a cost of $3.1 M) in 1996. The design of the Theatre does not allow unaided disabled access to the auditorium, between the stage and the auditorium, and into and between other areas within the Theatre. On 20 July 2001, Council resolved to cease hiring the Theatre because of its concerns about evacuating disabled persons safely in the event of a fire. In the past four years, Council has undertaken a number of investigations and considered a number of reports on options to provide disabled access to the Theatre. The estimated cost of works to provide four wheelchair spaces (2 x 2 wheelchair spaces) dispersed throughout the Theatre is $350,000 (May2001). Whilst the works would provide disabled access to the auditorium and between the stage and the auditorium, unaided disabled access to other areas within the Theatre would still not be available. From 1971 until June 1997, the City Hall Theatre was the largest community owned theatre in Toowoomba. In 1996 and 1997 Council renovated the Empire Theatre (cost of purchase $0.7 M and cost of renovation $13.2 M). It was re-opened in June 1997. The Empire Theatre has a seating capacity of 1,567. One of the Empire Theatre's most striking features, the grand proscenium arch, is thought to be the only one of its kind left in the world. The decorative plasterwork, its size, its structure and tasteful appointments give theatre patrons a sense of occasion. The theatre proudly claims the title of the largest regional theatre in Australia with 1,567 seats set in continental style - 1,000 seats in the stalls and 567 in the dress circle. Since 1997, the City Hall Theatre has operated as a relatively low cost facility that has been hired by local cultural organisations including schools for community orientated theatre productions and events. It is a facility that was used for midsized productions and events that were not big enough for the larger, more commercially orientated, Empire Theatre or too big for other smaller or flatfloored facilities in Toowoomba. - 2 - Notwithstanding community demand for the City Hall Theatre facility in its current form, Council considers the provision of disabled access to the Theatre in isolation to the upgrading of the entire Theatre is a suboptimal approach to the management of this asset. Council has obtained a fee proposal ($58,000) for investigations into the various options available to upgrade the Theatre in a manner which enhances its functionality and ensures compliance with the Disability Discrimination Act 1992 (Cth) and the AntiDiscrimination Act 1991 (Qld). Councils Ten Year Capital Works Plan includes planning allocations for the upgrading of the Theatre in 2003/04 ($400,000) and 2004/05 ($3,200,000). Due to competing demands of other capital infrastructure projects, Council will not be able to bring forward the upgrading of the Theatre and may in fact have to defer the project when it next reviews the Ten Year Capital Works Plan in December 2002. Council has resolved to develop a Disability Discrimination Act Action Plan for Council premises. Completion of the Action Plan by April 2003 is planned. Councils commitment to promoting the objects of the Disability Discrimination Act is clearly identified in the Councils Corporate Plan, Operational Plan and Customer Services Statement. Please find enclosed Councils application for the Commissions consideration under Section 55 of the Disability Discrimination Act for temporary exemption from provisions of the Act for Councils City Hall Theatre. Your consideration of the application at your earliest convenience will be appreciated. If you require clarification of the application, or additional information, please contact Councils Manager Project Services Mr Greg Dinsey on telephone 4688 6703, facsimile 4688 6431 or email  HYPERLINK "mailto:g.dinsey@toowoomba.qld.gov.au" g.dinsey@toowoomba.qld.gov.au in the first instance. Yours faithfully, PETER TAYLOR CHIEF EXECUTIVE OFFICER Encl. Application for Exemption under Section 55 of the Disability Discrimination Act Applicant: Toowoomba City Council Address: Chief Executive Officer Toowoomba City Council P O Box 3021 Toowoomba Village Fair Qld 4350 Premises to which Exemption Application relates: City Hall Theatre 541 Ruthven Street Toowoomba Qld 4350 Basis of Exemption Application: Council owns the City Hall Theatre located at 541 Ruthven Street, Toowoomba Queensland. The Theatre is heritage listed as is the rest of the complex of which the Theatre is a component part. Council operated the Theatre until 1November 1999 when Empire Theatres Pty Ltd, a company wholly owned by Toowoomba City Council, was appointed to manage the Theatre. In July 2001, Council resolved that no further hire bookings of the City Hall Theatre were to be taken. The design and layout of the Theatre does not allow unaided disabled access to the auditorium, between the stage and auditorium, and into and between other areas within the Theatre. In the past four years Council has undertaken a number of investigations and considered a number of reports on options to provide disabled access to and within the Theatre that, as a minimum, complies with statutory requirements. The estimated cost to provide four wheelchair spaces dispersed throughout the Theatre and disabled access between the stage and the auditorium is $350,000 (May2001). Since the opening of the redeveloped Empire Theatre in June 1997, (also owned by Toowoomba City Council and operated by Empire Theatres Pty Ltd), Council has identified the need to undertake a strategic review of the functionality and potential use of the Theatre. At this stage, funding is provided in Councils Ten Year Capital Works Plan to upgrade the Theatre. Planning allocations of $400,000 in 2003/04 and $3,200,000 in 2004/05 are included in Councils current Ten Year Capital Works Plan. The City Hall Theatre provided an economical venue for performances and events typically organised by local cultural organisations, schools and not for profit organisations. Closure of the venue has been to the detriment of many local cultural organisations, schools and not for profit organisations who traditionally used the Theatre. As a consequence, the public generally has suffered by the closure of the venue. Since June 1997 (re-opening of the Empire Theatre) until its closure in July 2001, the City Hall Theatre operated as a relatively low cost facility that was hired by local cultural organisations including schools for community orientated theatre productions and events. It is a facility that was used for midsized productions and events that were not big enough for the larger, more commercially orientated, Empire Theatre or too big for other smaller or flatfloored facilities in Toowoomba. - 2 - Notwithstanding community demand for the City Hall Theatre facility in its current form, Council considers the upgrading of the Theatre solely to provide disabled access in isolation to the upgrading of the entire Theatre is a suboptimal approach to management of this asset. Council has obtained a fee proposal ($58,000) for investigations into the various options available to upgrade the Theatre in a manner which enhances its functionality and complies with its obligations under the Disability Discrimination Act 1992 (Cth) and the AntiDiscrimination Act 1991 (Qld). Council decided in March 2002 to not proceed with those investigations at the current time. Councils Ten Year Capital Works Plan includes planning allocations for the upgrading of the Theatre in 2003/04 ($400,000) and 2004/05 ($3,200,000). Due to competing demands of other capital infrastructure projects, Council will not be able to bring forward the upgrading of the Theatre and may in fact have to defer the project when it next reviews the Ten Year Capital Works Plan. Funding of the upgrade of the City Hall Theatre cannot be achieved within the constraints of Councils forward financial plan without imposing unreasonable rate increases on Councils ratepayers or deferring other infrastructure demands. Council seeks exemption under Section 55 of the Disability Discrimination Act in relation to discrimination in regard to: access to the premises provision of goods, services and facilities at the City Hall Theatre, 541 Ruthven Street, Toowoomba, Queensland. The exemption is sought to allow Council time to investigate, plan, design and undertake refurbishment works to the City Hall Theatre in a manner that enhances its functionality and provides those facilities necessary for Council to meet, in full, its obligations to provide non-discriminatory access and facilities. Period of Exemption: The period of exemption sought is for the maximum period of five years. Whilst Councils Ten Year Capital Works Plan planning allocations for the upgrading of the Theatre in 2003/04 ($400,000) and 2004/05 ($3,200,000), competing demands of essential capital infrastructure projects may necessitate Council deferring the project when it next reviews its Ten Year Capital Works Plan. Supporting Information: Attached to this application is information in support of Councils application and includes background history of the Theatre, Council decisions in relation to the Theatre, Theatre upgrade investigations and options, and Councils planning process in regard to upgrading the Theatre. s|}'0G!+,,,?.V.X.w/x/y/z/Ͱhyh*h}5CJmH sH h}h}5CJmH sH h}0JCJmH sH !jh}CJUmH sH jh}CJUmH sH h}CJh}CJOJQJh}5CJOJQJh}CJmH sH $,ETfghrs= > $ `0@ a$gd}gd}$ 0a$gd}x/y/ 78jkqr$ `0@ #a$gd}$ `0@ a$gd}$a$gd}I$EƀTja$gd} *+_`$ `0@ a$gd}V$ `0@ C$Eƀj&a$gd}'(./0QGH\$ `0@ a$gd}gd}$ `0@ a$gd}\q~56!!]#^#M%N%U%V%''r)s)a*$ `0@ a$gd}$ `0@ a$gd}a*b**** +!+=V$ & F `0@ Eƀ gFa$gd}X$ & F `0@ Eƀ gFa$gd}$ `0@ a$gd}!+h+i+,,,,,=.>.?.W.X.w/x/y/z/$ `0@ a$gd}GC$Eƀ$gFgd}gd}/0PBP. A!n"#$%/0PBP. A!n"#$%. 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