NOTICE OF TEMPORARY EXEMPTION UNDER THE DDA: QUEENSLAND RAIL

Notice

The Human Rights and Equal Opportunity Commission gives notice of a decision
made on 11 February 2002 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning tactile ground surface indicators
("TGSIs").

Applicants

The exemption application was submitted by and on behalf of Queensland
Rail (QR).

Decision of the Commission

The Commission decided to grant an exemption under section 55 of the
DDA to QR, from the provisions of sections 23 and 24 of the DDA, in so
far as they require installation of TGSIs, for a period of 6 months. The
exemption is on condition that

• QR consult with interested parties and report to HREOC within four
  months on the approach which Queensland Rail will adopt to use of TGSIs
  
• This consultation include requesting the chair of the Rail Modal Group
  of the Accessible Transport Standards Consultative Committee to convene
  a meeting no later than March 2002 of that group together with representatives
  of the National Transport Secretariat, Blind Citizens Australia, the
  Physical Disability Council of Australia and the relevant Standards
  Australia committee with a view to identifying if possible an appropriate
  uniform approach to use of TGSIs for rail operators nationally
  
• QR agree to apply TGSIs in accordance with the outcome of these consultations
  to any stations upgraded by them during the period of the exemption,
  within a further twelve months.
  

Finding and reasons

In making this decision the Commission accepted findings and reasons
contained in a recommendation and statement
of reasons prepared by the Deputy Disability Discrimination Commissioner,
which is available on the Commission's 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.

Alice Tay

President

on behalf of the Commission

11 February 2002