Notice of HREOC exemption
decision re: Civil Aviation Safety Authority

Notice of decision

Under section 57 of the Disability Discrimination Act 1992 ("DDA")
and section 46 of the Sex Discrimination Act 1984 ("SDA") the
Human Rights and Equal Opportunity Commission gives notice of a decision
made on 26 November 2002.

Applicants

The exemption application was submitted by the Civil Aviation Safety
Authority ("CASA").

Decision of the Commission

The Commission grants a conditional exemption from sections 19 and 29
of the DDA, and from sections 18 and 26 of the SDA, to persons acting
pursuant to existing Civil Aviation Regulations regarding medical fitness,
or pursuant to currently proposed amendments to those regulations.

The exemption is subject to the following conditions.

1. The exemptions commence on 26 November 2002 and expire on 26 November
2007.

2. The exemptions are to apply only where a person's pregnancy (for the
purposes of the SDA) or disability (for the purposes of the DDA) prevents
the person safely fulfilling the inherent requirements of the role covered
by the licence concerned.

Findings and reasons

In making this decision the Commission accepted the findings and reasons
contained in the recommended decision submitted
by its Directors of Disability Rights Policy and Sex Discrimination Policy
and published by the Commission on the Internet at the following address:

www.hreoc.gov.au/disability_rights

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