Notice of exemption application: Murranumbla Bed and Breakfast

Application

The Human Rights and Equal Opportunity Commission has received an application
under section 55 of the Disability Discrimination Act for a termporary
exemption, for a period of 18 months, regarding disability access to bathroom
facilities at a proposed bed and breakfast facility.

The application includes the following:

1. The business which we would like to operate is a Bed and Breakfast.
The house was built 1906. It is Heritage listed with the Snowy River
Shire Council. We are on a rural property, situated 40 kms from Jindabyne
and 60 kms from Cooma which is the main town for business in the area.

2. Access is available into the homestead itself and all doors in the
homestead allow for circulation. However, while people with disabilities
would be welcomed as guests, the current bathroom is not fully accessible
and there is no entry point on to the veranda.

3. Being a Heritage building approval must be obtained for any permanent
alterations to the veranda and we are awaiting notice on this. If permanent
changes to the veranda are not possible temporary access means will
be made available.

4. We are in a severe drought at this point in time and financial circumstances
are such that we do not believe we would be able to build a new accessible
toilet, especially as we are not sure the small business will be a viable
proposition.

5. We intend to have a total of three rooms available in the future
but currently plan to open with one room available which will enable
us to see if this will be a viable proposition before we undertake any
alterations.

6. We would like a temporary exemption from complaints in relation
to the bathroom for 18 months. If after 12 months the business proves
to be viable and we extend to the full capacity of three rooms, we will
within 6 months address any outstanding access difficulties including
the construction of an accessible bathroom for guests with disabilities.

Issues

In previous decisions the Commission has indicated that:

• heritage issues are relevant to although not necessarily conclusive
  of unjustifiable hardship under the DDA
• it is not appropriate to grant exemptions purely to certify the existence
  of unjustifiable hardship on financial or other grounds
• it is not an appropriate use of the Commission's power under section
  55 of the DDA to substitute for the power of local government to approve
  or decline to approve buildings for use
• local government bodies which consider that they are exposed to excessive
  uncertainty regarding potential liability under the DDA in making decisions
  on building access issues should themselves consider making applications
  for exemption; such applications might include appropriate criteria
  and processes for making decisions and might also be accompanied by
  other commitments on improving access in local communities.

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