Information sheet
Exemption application by the Victorian Public Transport Corporation and Others under the Disability Discrimination Act 1992 Section 55
On 6 November 1998 the Human Rights and Equal Opportunity Commission received an application by the Victorian Public Transport Corporation and others for an exemption from sections 23 and 24 of the Disability Discrimination Act 1992. Section 23 of the Act relates to access to premises. Section 24 of the Act relates to goods, services and facilities (including public transport).
Under the Disability Discrimination Act the Human Rights and Equal Opportunity Commission can grant temporary exemptions for up to five years and can impose conditions on the applicant. The Commission is seeking public submissions on this application before it makes a decision. Information on how to obtain copies of the application and how to make a submission appear below.
The application relates to tram/light rail services in Melbourne. The Victorian Government has also lodged a Disability Action Plan. The application states:
Victoria has been a strong supporter of the DDA, both in general and specifically in regard to public transport operations. To confirm its commitments, a DDA Action Plan has recently been lodged with the Human Rights And Equal Opportunity Commission (HREOC), outlining all measures being taken to progressively make Victorian public transport services compliant with the DDA, including the intention to respond to the Draft Disability Standards for Accessible Public Transport (Draft Standards) by introducing low-floor trams to Melbourne's services when the current trams reach an age of approximately 30-35 years. This is considerably in advance of the maximum achievable service life for a tram, which is at least 40-50 years.
Under normal circumstances, submission of the Action Plan may have been, of itself, sufficient to remove most uncertainty. However, the special circumstances associated with the forthcoming privatisation of the operations of all Victorian public transport services mean that it is appropriate to submit to a formal process by way of this Exemption Application for Victoria's tram fleet replacement proposals. Thus, this Exemption Application is being submitted to confirm Victoria's commitment to the objectives of the DDA, as demonstrated by its intention to bring forward the replacement of trams. It is also intended to gain as much certainty as is possible so that the forthcoming privatisation process is not unduly complicated by the necessarily non-prescriptive nature of the wording in the DDA.
It is the Commission's policy to conduct a public examination of any exemption application. Any person or organisation can make a submission.
After written submissions are received the Commission will hold a public forum in Melbourne to consider issues raised. The date and venue of the forum will be advertised.
How to get documents
The exemption application
can be obtained from the Commission's Internet site at the following address:
http://www.hreoc.gov.au/disability_rights/exemptions/Melb_Trams_Appl.html
Copies of the Commission's policy on exemptions can also be obtained from the Commission's Internet site.
Printed copies of the exemption application are available from:
Kym
Irvine
Accessible Transport Unit
Department of Infrastructure
231 Flinders Street
Melbourne 3000
Ph 03 9610 7402
Fax 03 9610 7403
e-mail dsunit@vicnet.net.au
The action plan 21st Century Accessibility
can be obtained from the Victorian Department of Infrastructure Internet site at the following address:
http://www.doi.vic.gov.au/htmldocs/tranroad/trmenu.html
Printed copies of the action plan are available from:
Department
of Infrastructure Bookshop
Plaza Level
Nauru House, 80 Collins Street
Melbourne Vic 3000
PH: 03 9655.8830
Public submissions
Submissions made on this application are available on the Commission s internet site.
Making a submission
The Commission is seeking information that will help it decide if granting this exemption will further the objects of the DDA and in particular if accessibility of public transport will be improved. People making submissions may find it useful to refer to the Commission's earlier decision concerning a public transport action plan and exemption, Minister for Transport (SA) and Others (19 March 1997). Please note that the Victorian Government's application deals specifically with trams. Their action plan is a broad document that deals with many issues not covered in the exemption application.
It may also be useful to refer to the Draft Standards on Accessible Public Transport and to the Commission's Advisory Note on Accessible Public Transport. Each of these documents is available on the Commission's Internet site or by contacting the Commission.
The Commission intends to make submissions available as far as possible on its Internet site. Any confidential information submitted should be clearly marked as such and be accompanied by a non-confidential summary.
Submissions may be sent by e-mail to:
Submissions may also be sent by post to:
Disability
Rights Unit
HREOC
Box 5218
Sydney 1042.
Where submissions are sent by post a copy on IBM format disc is requested if possible.
