Disability Discrimination Amendment Regulations 2002 (No. 1) 2002 No. 185
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 185
Issued by the Authority of the Attorney-General
Subject: Disability Discrimination Amendment Act 2002
Disability Discrimination Amendment Regulations 2002 (No. 1)
Section 132(1) of the Disability Discrimination Act 1992 (DDA) provides that the Governor-General may make regulations prescribing matters required or permitted by the DDA to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
Item 6 of Schedule 1 of the Disability Discrimination Amendment Act 2002 (the Act) has inserted new subsection 132(1 A) into the DDA to provide that the Governor-General may make regulations prescribing a body as a body that the Human Rights and Equal Opportunity Commission (the Commission) must consult before granting an exemption to the Disability Standards for Accessible Public Transport (Transport Standards). The Act received Royal Assent on 3 July 2002. It has been proclaimed that Schedule 1 of the Act commences on 19 August 2002.
The Governor-General has made regulations to prescribe the National Transport Secretariat as a body that the Commission must consult before granting an exemption to public transport service operators to the Transport Standards.
Schedule 1 of the Act has also inserted new subsection 55(1A) into the DDA to allow the Commission to grant appropriate temporary exemptions to public transport service operators from the Transport Standards. Transport Standards are intended to provide operators with detailed information about operating their services in a way that complies with the obligations under the DDA. Exemptions may be granted for reasons including, for example, that compliance would cause unjustifiable hardship.
Schedule 1 of the Act has also inserted new subsection 55(1C) into the DDA, which provides that if the regulations prescribe a body as a body that the Commission must consult in relation to the kinds of public transportation services that will be dealt with under an exemption to subsection 55(1A), then the Commission must consult that body before granting an exemption under subsection 55(1A). The Regulations made by the Governor-General prescribe the National Transport Secretariat as the body that the Commission must consult pursuant to subsection 55(1C) of the DDA before granting an exemption to the Transport Standards under subsection 55(1A). The regulations commence on the same day as the commencement of Schedule 1 of the Act (19 August 2002).
The regulations, along with the amendments to the DDA by the Act, provide a proper mechanism for the granting of exemptions to the Transport Standards. The Transport Standards will be tabled in Parliament by the Attorney-General. The Transport Standards and the power to grant exemptions are designed to strike an appropriate balance between costs to transport operators and benefits to people with disabilities.
Overview
The Disability Discrimination Amendment Regulations 2002 (No. 1) were introduced to provide further clarity and structure regarding the granting of exemptions from the Disability Standards for Accessible Public Transport under the Disability Discrimination Act 1992. This legislative framework was enacted in response to the need for a balanced approach between the compliance costs imposed on public transport service operators and the accessibility benefits for people with disabilities. The regulations were made under the authority of the Governor-General and commenced on 19 August 2002. They were designed to align with the policy objective of the Disability Discrimination Amendment Act 2002, which was to ensure that the Human Rights and Equal Opportunity Commission must consult with the National Transport Secretariat before granting exemptions to the Transport Standards. This measure was intended to facilitate a more informed and consultative process, ultimately contributing to equitable and practical outcomes for all parties involved.
Scope and Application
The Disability Discrimination Amendment Regulations 2002 (No. 1) and the Disability Discrimination Amendment Act 2002 collectively modify the Disability Discrimination Act 1992 by introducing new provisions for the regulation of exemptions to the Disability Standards for Accessible Public Transport (Transport Standards). The Act applies to entities such as public transport service operators who are subject to the Transport Standards. The Regulations prescribe the National Transport Secretariat as the body that the Human Rights and Equal Opportunity Commission (the Commission) must consult before granting exemptions to public transport service operators from the Transport Standards. This consultation is necessary to ensure that the exemption process considers the implications for public transport operations and accessibility. The Act and the Regulations together facilitate a balanced approach by allowing for exemptions in circumstances where compliance with the Transport Standards would cause unjustifiable hardship, while ensuring that the interests of people with disabilities are protected. These provisions commenced on 19 August 2002, marking the effective date of the new regulatory framework.
Key Provisions
The Disability Discrimination Amendment Regulations 2002 (No. 1) introduce significant changes to the Disability Discrimination Act 1992 (DDA) by prescribing a body for consultation purposes regarding exemptions to the Disability Standards for Accessible Public Transport (Transport Standards). Under section 132(1A) of the DDA, the Governor-General has the authority to make regulations that require the Human Rights and Equal Opportunity Commission (the Commission) to consult with a specified body before granting exemptions to the Transport Standards. In this instance, the National Transport Secretariat has been designated as the body that the Commission must consult before granting such exemptions.
The obligations imposed by these regulations primarily affect the Commission and the National Transport Secretariat. The Commission is required to consult the National Transport Secretariat before granting any exemption to public transport service operators from the Transport Standards. This consultation process ensures that the Commission takes into account the expertise and considerations of the National Transport Secretariat, which is a body with relevant knowledge and experience in national transport matters. This requirement is crucial to maintain a balanced approach that considers both the compliance costs to transport operators and the accessibility benefits to people with disabilities.
The Disability Discrimination Amendment Regulations 2002 (No. 1) also address the process for granting exemptions under section 55(1A) of the DDA. Subsection 55(1A) allows the Commission to grant temporary exemptions to public transport service operators from the Transport Standards if compliance would cause unjustifiable hardship. The regulations stipulate that if a body is prescribed under section 132(1A), the Commission must consult that body before granting such exemptions, ensuring a structured and informed decision-making process. Failure to adhere to these regulatory requirements could lead to legal challenges regarding the validity of the exemptions granted.
In terms of penalties and consequences, the regulations themselves do not explicitly outline specific penalties for non-compliance. However, under the DDA, any failure to comply with the requirements for granting exemptions as per the Act and the Regulations could result in legal actions being taken against the Commission or the transport operators involved. Such actions could include judicial review or other remedies available under the DDA, where the court may impose penalties or order corrective actions to ensure compliance with the Act's provisions. The overarching objective is to ensure that any exemptions granted are justified and do not undermine the accessibility rights of people with disabilities.