Document ID: chunk:federal_register_of_legislation:F2011C00213:body:0:p25
Version: federal_register_of_legislation:F2011C00213
Segment Type: other
Provision Reference: 
Character Range: 67379–70363

with a relevant requirement of these Standards;
 (h) financial, staffing, technical, information and other resources reasonably available to a person or organisation required to comply with these Standards, including any grants, tax concessions, subsidies or other external assistance provided or available;
 (i) benefits reasonably likely to accrue from compliance with relevant requirements of these Standards, including benefits to people with disabilities, to other passengers or to other persons concerned, or detriment likely to result from non‑compliance;
 (j) detriment reasonably likely to be suffered by an operator, provider, passenger or other person or organisation concerned, including in relation to equality of amenity, availability, comfort, convenience, dignity, price and safety of services or effectiveness and efficiency of operation if compliance with relevant provisions of these Standards is required;
 (k) if detriment under paragraph (j) involves loss of heritage values — the extent to which relevant heritage value or features of the conveyance, building or other item concerned are essential, and to what extent incidental, to the transport service provided;
 (l) whether compliance with a requirement of these Standards may reasonably be achieved (including by means of equivalent access as provided for in sections 33.3 to 33.5) by less onerous means than those objected to by a person or organisation as imposing unjustifiable hardship;
 (m) any evidence regarding efforts made in good faith by a person or organisation concerned to comply with the relevant requirements of these Standards;
 (n) if a person or organisation concerned has given an action plan to the Commission under section 64 of the Disability Discrimination Act 1992 — the terms of that action plan and any evidence regarding its implementation;
 (o) the nature and results of any processes of consultation, including at local, regional, State, national, international, industry or other level, involving, or on behalf of, an operator concerned, any infrastructure providers as relevant, and people with a disability, regarding means of achieving compliance with a relevant requirement of these Standards and including in relation to the factors listed in this section;
 (p) if a person or organisation seeks a longer period to comply with these Standards, or a requirement of these Standards, than is permitted by the preceding sections on Adoption and Compliance — whether the additional time sought is reasonable, including by reference to the factors set out in paragraphs (a) to (o) above, and what undertakings the person or organisation concerned has made or is prepared to make in this respect.

 (4) If a substantial issue of unjustifiable hardship is raised having regard to the factors listed in paragraphs (3) (a) to (p), the following additional factors are to be considered:
 (a) the extent to which substantially equal access to public transport services (including in