Exemption decision under the Disability
Discrimination Act 1992 re: Gladstone Touch Association

Application
pursuant to section 55 for exemption from a provision or provisions of
Part 2, Divisions 1 and 2

Notice
of decision

The
Human Rights and Equal Opportunity Commission gives notice of a decision
made on 28 September 1999 under section 57 of the Disability Discrimination
Act 1992 ("DDA") concerning lack of ramp access to upper
level additions to the premises of the Gladstone Touch Association.

Application

This
application was submitted by the Gladstone Touch Association Inc. on 6
August 1999.

Decision
of the Commission

The
Commission grants an exemption for a period of five years from the date
of this decision from section 23 of the Act (regarding access to premises),
and also from sections 24 (provision of goods, services and facilities)
and 27 (clubs and associations) to the extent that they relate to lack
of ramp access to upper level additions to the premises concerned, on
condition that the Association report to the Commission within three years
from the date of this decision on progress towards provision of access
to its premises.

Finding
and reasons

The Commission accepts that granting an exemption in this case would promote
the object of the DDA to eliminate discrimination as far as possible, taking
into account

• the
  recognition by section 55 of the Act that achievement of non-discriminatory
  access may need to occur over a period of some years
• the
  submission by the Gladstone Touch Association that it lacks sufficient
  financial means to construct an accessible clubhouse at present but
  is committed to and confident of raising funds for provision of ramp
  access to the proposed facility by 2004, and that local government approval
  to permit the development to proceed will not be forthcoming without
  some form of certification that requirements under disability discrimination
  legislation have been addressed
• the
  lack of any contrary views received in response to the release by the
  Acting Discrimination Commissioner on 13 August of a proposal to grant
  this exemption.

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 or persons
whose interests are affected by the decision.

Alice
Tay

President

on
behalf of the Commission

28 September 1999