Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 55

             (1)  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 a provision of Division 1 or 2 (other than section 31 or 32), as specified in the instrument.

          (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.

             (2)  The Commission may, on application by a person to, or in respect of, whom an exemption from a provision of Division 1 or 2 has been granted under subsection (1) or (1A), being an application made before the expiration of the period to which the exemption was granted, grant a further exemption from the operation of that provision.

             (3)  An exemption granted under subsection (1) or (1A), or further exemption, from the operation of a provision of Division 1 or 2:

                     (a)  may be granted subject to such terms and conditions as are specified in the instrument; and

                     (b)  may be expressed to apply only in such circumstances, or in relation to such activities, as are specified in the instrument; and

                     (c)  are to be granted for a specified period not exceeding 5 years.