Notice of temporary exemption
under the DDA: Subscription Television Captioning

The Human Rights and Equal Opportunity Commission gives notice of a decision
made on 4 June 2004 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning captioning of subscription television
programming.

Applicants

The exemption application was submitted by the Australian Subscription
Television and Radio Association on behalf of its members.

Decision of the Commission

The Commission decides to grant an exemption under section 55 of the
DDA to each of the broadcasters covered by this application, for a period
of 5 years, on condition that:

• The broadcaster concerned implement the captioning rollout as scheduled
  in the ASTRA proposal (commencing with captioning launch no later than
  6 months from the date of this decision) for the minimum 20 channels
  committed to;
• The broadcaster concerned use reasonable endeavours to enable a further
  20 channels within 24 months of captioning launch, and thereafter apply
  the captioning rollout to any channels so enabled, according to the
  schedule provided in the proposal;
• The broadcaster concerned make all reasonable endeavours to ensure
  availability of information on program captioning;
• A report on compliance by the broadcaster concerned be presented to
  the Commission (through ASTRA or directly by the broadcaster) annually
  on or by the date of the Commission granting this exemption, including
  at the conclusion of the fifth year;
• Reports to include reporting on measures taken to ensure quality and
  accuracy of captioning;
• The broadcaster concerned (individually or through ASTRA), in consultation
  with organisations representing Deaf and hearing impaired Australians
  and organisations specialising in providing closed captioning, commence
  within 3 years of the date of this exemption a review of implementation
  of the proposal, and possibilities for further increases in captioning
  beyond those provided for in the present proposal - including
  • any instances where the broadcaster may be able voluntarily to
    exceed the targets set by the ASTRA proposal during the period of
    this exemption , and
  • possibilities for further increases in captioning in the period
    following the expiry of this exemption;
• A proposal for a further plan for captioning by the broadcaster concerned,
  to commence by the time of expiry of this exemption, be presented to
  HREOC (directly or through ASTRA) on or by the date four years after
  the date of this exemption.

All relevant parties should take note that the effect of non-performance
of the conditions of this exemption for any broadcaster would be that

• In the event of a subsequent complaint the exemption would cease to
  apply for the benefit of the broadcaster concerned from the date of
  relevant non-performance.
• It would become open to the Commission, of its own motion or at the
  request of any person, to re-open this matter and revoke the exemption,
  or apply further conditions to the exemption in respect of the broadcaster
  concerned.

Findings and reasons

In making this decision the Commission accepted findings and reasons
contained in a recommendation and statement of reasons
prepared by me as Acting Disability Discrimination Commissioner, which
is available on the Commission web site www.humanrights.gov.au .

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/s
whose interests are affected by the decision.

Dr Sev Ozdowski

Acting Disability Dicrimination Commissioner

on behalf of the Commission

4 June 2004