Disability Discrimination Amendment Regulations 2004 (No. 1) 2004 No. 43
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 43
Issued by the Authority of the Attorney-General
Subject: Disability Discrimination Amendment Regulations 2004 (No. 1)
This Regulation replaced reference to the National Transport Secretariat (the NTS) with reference to the Accessible Public Transport Jurisdictional Committee (the Jurisdictional Committee) as a body that the Human Rights and Equal Opportunity Commission (the Commission) must consult when considering applications for exemptions from the Disability Standards for Accessible Public Transport 2002 (the Transport Standards).
Subsection 132(1) of the Disability Discrimination Act 1992 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Disability Standards for Accessible Public Transport 2002 (the Transport Standards) were formulated under section 31 of the Act and came into effect on 23 October 2003. The Transport Standards apply to operators and providers of public transport services, and set out requirements for accessibility of the premises, conveyances and infrastructure that are used to provide those services.
Subsection 55(1C) of the Act 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 or facilities that will be dealt with in an application for exemption under subsection 55(1A), the Commission must consult that body before granting an exemption.
Regulation 5 of the Disability Discrimination Regulations 1996 (the Principal Regulations) formerly prescribed the NTS as a body to be consulted in relation to all kinds of public transportation services and facilities. The NTS ceased to formally exist on 8 May 2003.
This Regulation amended the Principal Regulations to substitute the existing reference to the NTS with reference to the Jurisdictional Committee as a body that the Commission must consult before granting an exemption to public transport service operators from the operation of the Transport Standards.
The Jurisdictional Committee is comprised of representatives of the Commonwealth, State and Territory transport or equivalent departments. It provides a forum on accessible public transport issues being considered by the Accessible Public Transport National Advisory Committee and reports to the Standing Committee on Transport and the Australian Transport Council on jurisdictional implementation of the Transport Standards.
The regulation commenced upon gazettal.
Overview
The Disability Discrimination Amendment Regulations 2004 (No. 1) were enacted to address the legislative gap resulting from the dissolution of the National Transport Secretariat (NTS), which was previously responsible for advising on applications for exemptions from the Disability Standards for Accessible Public Transport 2002. This regulation, issued under the authority of the Attorney-General, amends the Disability Discrimination Regulations 1996 to replace references to the NTS with the Accessible Public Transport Jurisdictional Committee (the Jurisdictional Committee) as the body that the Human Rights and Equal Opportunity Commission must consult when considering such exemptions. The policy objective of these regulations is to ensure the continuity of consultation processes regarding exemptions from the Transport Standards, which set out requirements for the accessibility of public transport services, and to maintain effective oversight and implementation of these standards across Australia.
Scope and Application
The Disability Discrimination Amendment Regulations 2004 (No. 1) amended the Disability Discrimination Regulations 1996 by replacing the National Transport Secretariat with the Accessible Public Transport Jurisdictional Committee as the body to be consulted by the Human Rights and Equal Opportunity Commission when considering applications for exemptions from the Disability Standards for Accessible Public Transport 2002. This change was necessitated by the dissolution of the National Transport Secretariat, and it ensures that the consultation process continues under the new Jurisdictional Committee, which comprises representatives from Commonwealth, State, and Territory transport or equivalent departments. This committee functions to provide a forum for accessible public transport issues and reports to the Standing Committee on Transport and the Australian Transport Council on jurisdictional implementation of the Transport Standards. The regulations apply to public transport service operators who may seek exemptions from the Transport Standards and thus ensure continued oversight and consultation on matters of accessibility within the public transport sector.
Key Provisions
The Disability Discrimination Amendment Regulations 2004 (No. 1) introduces key amendments to the Disability Discrimination Regulations 1996, specifically concerning the body responsible for consultation when considering exemptions from the Disability Standards for Accessible Public Transport 2002 (section 1). The primary operative section of this regulation is regulation 5, which replaces the National Transport Secretariat (NTS) with the Accessible Public Transport Jurisdictional Committee (Jurisdictional Committee) as the entity the Human Rights and Equal Opportunity Commission (Commission) must consult (section 3). This change is in line with the requirements set out in section 132(1) of the Disability Discrimination Act 1992, which allows for regulations to be made that are necessary or convenient to carry out or give effect to the Act.
The Disability Discrimination Amendment Regulations 2004 (No. 1) imposes obligations on the Commission to consult the Jurisdictional Committee before granting any exemptions to public transport service operators from the operation of the Transport Standards. This is mandated by section 55(1C) of the Act, which stipulates that if the regulations prescribe a body to be consulted in relation to applications for exemption, the Commission must consult that body (section 4). The Jurisdictional Committee, composed of representatives from Commonwealth, State, and Territory transport departments, is tasked with providing a forum on accessible public transport issues and reporting on jurisdictional implementation of the Transport Standards.
The regulation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches. However, failure to comply with the requirement to consult the Jurisdictional Committee could potentially result in the Commission's decisions being challenged on the grounds that they did not adhere to the prescribed consultation process. The consequences of such a challenge could include the need for the Commission to reconsider its decision, which might involve further consultation with the Jurisdictional Committee. While the regulation itself does not impose penalties, any resulting legal challenges or non-compliance with the Act’s provisions could lead to judicial review or other legal remedies.