Notice of temporary exemption under the DDA: Subscription Television Captioning

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 10 June 2008 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning captioning of subscription television programming.

Application

The applicant is the Australian Subscription Television and Radio Association (ASTRA) on behalf of its members broadcasters. ASTRA on behalf of its members was granted an exemption by the Commission on 2 June 2004 and which is due to expire on 4 June 2009.

This exemption was granted to conditions, including the implementation by ASTRA members of a plan for increasing captioning during the exemption period, and by 4 June 2008 submitting to the Commission a proposal for a further plan for captioning. ASTRA seek an extension until 30 June 2008 of the time for submission of such a proposal. The Commission has decided that this request should be met by re-making an exemption to the same effect and on the same conditions as its decision of 4 June 2004 but with the date for submission of a proposal for a further plan for captioning varied as requested by ASTRA.

Decision of the Commission

The Commission decides to grant to members of ASTRA an exemption from the effect of section 24 of the DDA regarding provision of captioning until 4 June 2009, on condition that:

• The broadcaster concerned continue to implement the captioning rollout as scheduled in the ASTRA proposal provided to the Commission in 2004 and available on the Commission's website
• The broadcaster concerned make all reasonable endeavours to ensure availability of information on program captioning;
• A report on compliance by the broadcaster concerned be presented to the Commission (through ASTRA or directly by the broadcaster) annually at the conclusion of the exemption period, including reporting on measures taken to ensure quality and accuracy of captioning;
• A proposal for a further plan for captioning by the broadcaster concerned, to commence by the time of expiry of this exemption, be presented to HREOC (directly or through ASTRA) on or by 30 June 2008 .

Findings and reasons

In making this decision the Commission accepted a recommendation of its Director of Disability Rights policy which is available on the Commission 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.

Graeme Innes AM
Human Rights Commissioner and Commissioner responsible for Disability Discrimination

on behalf of the Commission

11 June 2008