Notice of HREOC exemption decision re: Department of Infrastructure, Victoria

Notice of decision

Under section 57 of the Disability Discrimination Act 1992 ("DDA") the Human Rights and Equal Opportunity Commission gives notice of a decision made on 19 June 2006.

Applicants

The exemption application was submitted by the Department of Infrastructure, Victoria, for a temporary exemption under section 55 of the DDA, for a period of 18 months, from any provisions of the Disability Standards for Accessible Public Transport which would prevent use of physically inaccessible buses (currently in use as dedicated school buses) for a trial of more general public transport services to operate between Daylesford and Ballan and between Mt Egerton and Ballan.

Decision of the Commission

The Commission decided to refuse an exemption.

Findings and reasons

In making this decision the Commission has considered and had regard to the following material:

• The Exemption Application;
• the findings and reasons contained in the Recommendation prepared by the Commission's Director of Disability Rights policy, which is available on the Commission's website at www.humanrights.gov.au and which indicates that an exemption in this matter is not necessary.

The Commission adopts the findings and reasons set out in the Recommendation as its reasons for its decision not to grant a temporary 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.

Graeme Innes AM

Human Rights Commissioner and Disability Discrimination Commissioner

on behalf of the Commission

19 June 2006