Notice of temporary exemption under the DDA: Buchan Bus ‘n Freight

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 27 June 2008 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning accessibility of a bus service operating as Buchan Bus ‘n Freight.

Application

The applicant is Mr D.Beaven, trading as Buchan Bus ‘n Freight. The applicant seeks exemption for the period to 31 December 2010 from the effect of the provisions of the Disability Standards for Accessible Public Transport so as to permit the continued use for public transport service of a vehicle which is not wheelchair accessible and which was acquired second hand in 2004. The Standards require accessibility of 25% of services from 31 December 2007, subject to the defence of unjustifiable hardship.

This application follows an exemption granted on 8 January 2004 for a period of two years regarding the same vehicle.

Decision of the Commission

The Commission grants an exemption from the effect of the Disability Standards for Accessible Public Transport until 31 December 2010 in so far as those Standards might prevent Buchan Bus ‘n Freight operating services with its existing vehicle. This exemption

• applies only to the existing vehicle and not to any additional or alternative vehicles obtained by the same operator during or following the exemption period
• is subject to the operator making payment for maxi-taxi transport as proposed by the operator where necessary because of lack of wheelchair accessibility on the operator's vehicle.

Findings and reasons

In making this decision the Commission accepted a recommendation of its Director of Disability Rights policy 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.

Graeme Innes AM

Human Rights Commissioner and Commissioner responsible for Disability Discrimination

on behalf of the Commission
27 June 2004