Disability Discrimination Amendment Act 2002
No. 62, 2002
An Act to amend the Disability Discrimination Act 1992, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Exemption from disability standards
Disability Discrimination Act 1992
Disability Discrimination Amendment Act 2002
No. 62, 2002
An Act to amend the Disability Discrimination Act 1992, and for related purposes
[Assented to 3 July 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Disability Discrimination Amendment Act 2002.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 3 July 2002 |
2. Schedule 1 | A single day to be fixed by Proclamation, subject to subsection (3). | 19 August 2002 (Gazette 2002, No. GN32) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Exemption from disability standards
Disability Discrimination Act 1992
1 Subsection 31(4)
Omit “guidelines” (twice occurring), substitute “disability standards”.
2 Section 33
Repeal the section, substitute:
33 Division 5 generally not to apply to disability standards
Division 5 (other than subsections 55(1A) to (1D) and any reference in that Division to those provisions) does not apply in relation to a disability standard.
3 After subsection 55(1)
Insert:
(1A) The Commission may, on application by:
(a) a person:
(i) on that person’s own behalf; or
(ii) on behalf of that person and another person or other persons; or
(iii) on behalf of another person or other persons; or
(b) 2 or more persons:
(i) on their own behalf; or
(ii) on behalf of themselves and another person or other persons; or
(iii) on behalf of another person or other persons;
by instrument grant to the person or persons to whom the application relates, as the case may be, an exemption from the operation of section 32, as specified in the instrument.
(1B) An exemption granted under subsection (1A) must be in relation to a specified disability standard and only applies to the extent that the disability standard deals with the provision of public transportation services and facilities covered by paragraph 31(1)(d).
(1C) If the regulations prescribe a body as a body that the Commission must consult in relation to the kinds of public transportation services or facilities that will be dealt with in an exemption under subsection (1A), the Commission must consult that body before granting the exemption.
(1D) The Commission may, before granting an exemption under subsection (1A), consult any other body or person that the Commission considers it appropriate to consult.
4 Subsection 55(2)
After “subsection (1)”, insert “or (1A)”.
5 Subsection 55(3)
After “exemption” (first occurring), insert “granted under subsection (1) or (1A)”.
6 After subsection 132(1)
Insert:
(1A) Without limiting the generality of subsection (1), the Governor‑General may make regulations for the purposes of subsection 55(1C) prescribing a body as a body that the Commission must consult in relation to all or specified kinds of public transportation services or facilities.
[Minister’s second reading speech made in—
House of Representatives on 14 February 2002
Senate on 19 June 2002]
Overview
The Disability Discrimination Amendment Act 2002 (No. 62, 2002) was enacted by the Parliament of Australia to address certain gaps in the Disability Discrimination Act 1992, particularly concerning the application of disability standards to public transportation services and facilities. This amendment aims to provide more flexibility and targeted exemptions in relation to these standards, ensuring that the regulatory framework remains practical and effective in supporting individuals with disabilities. The Act specifies the conditions under which the Human Rights and Equal Opportunity Commission can grant exemptions from certain disability standards, particularly those affecting public transportation, and mandates consultation processes to ensure that exemptions are granted in a manner that appropriately balances the needs of individuals with disabilities and the practicality of service provision.
The Act was assented to on 3 July 2002, with specific provisions commencing on various dates as outlined in the commencement schedule, including a key date of 19 August 2002 for certain provisions related to exemptions and consultation processes. The overarching policy objective of the amendment is to refine the application of disability standards to public transportation, enhancing the ability of the regulatory body to issue exemptions where necessary while maintaining a robust framework to protect the rights of individuals with disabilities.
Scope and Application
The Disability Discrimination Amendment Act 2002 amends the Disability Discrimination Act 1992, extending its application to cover disability standards in place of guidelines, particularly in relation to the provision of public transportation services and facilities. This Act applies to individuals and entities involved in the provision of public transportation, imposing obligations and setting out the process for obtaining exemptions from certain provisions concerning disability standards. The Act has a national jurisdictional reach, as it is a Commonwealth Act. It allows the Human Rights and Equal Opportunity Commission to grant exemptions to individuals or entities from the operation of the Disability Discrimination Act 1992, as it pertains to specified disability standards related to public transportation services and facilities. The Act requires consultation with prescribed bodies before granting such exemptions. The application and interpretation of the Act may be further detailed or modified through regulations, which can prescribe bodies to be consulted regarding public transportation services and facilities in the context of exemptions.
Key Provisions
The Disability Discrimination Amendment Act 2002 (C2004A01003) introduces amendments to the Disability Discrimination Act 1992, focusing on exemptions related to disability standards. Section 1 of the Act provides that it may be cited as the Disability Discrimination Amendment Act 2002. The commencement provisions (Section 2) specify that the Act's provisions, except for those in Schedule 1, came into effect on 3 July 2002, the day it received Royal Assent. Schedule 1, which outlines exemptions from disability standards, commenced on 19 August 2002, as determined by a proclamation.
The Disability Discrimination Amendment Act 2002 imposes specific obligations on the parties and entities it governs, particularly concerning the exemption process from disability standards. Section 33 of the Act modifies the application of Division 5 of the Disability Discrimination Act 1992 by specifying that it does not apply to disability standards. Furthermore, Section 55(1A) allows the Human Rights and Equal Opportunity Commission (HREOC) to grant exemptions from the operation of Section 32 to specified individuals or groups, provided the exemption relates to public transportation services and facilities. This process mandates that HREOC consult with any prescribed bodies before granting an exemption, as per Section 55(1C), and may also consult other relevant bodies or persons deemed appropriate (Section 55(1D)). Additionally, Section 132(1A) empowers the Governor-General to make regulations prescribing bodies to be consulted regarding public transportation services and facilities.
Violations of the provisions set forth in the Disability Discrimination Amendment Act 2002 may result in civil or criminal consequences. The Act does not explicitly state penalties for non-compliance with its provisions. However, breaches of the Disability Discrimination Act 1992, which this amendment modifies, can lead to substantial penalties. For instance, under Section 93 of the original Act, an individual found guilty of discrimination may face fines up to $110,000 for individuals and $550,000 for bodies corporate. Additionally, Section 94 of the Disability Discrimination Act 1992 allows the Australian Human Rights Commission to initiate legal proceedings against parties who fail to comply with the Act's provisions. Such proceedings can result in court orders for compensation and other remedies deemed appropriate by the court.