Document ID: chunk:federal_register_of_legislation:F2011C00213:body:0:p24
Version: federal_register_of_legislation:F2011C00213
Segment Type: other
Provision Reference: 
Character Range: 64610–67675

to overcome discrimination.

33.4 Consultation about proposals for equivalent access

  The operator or provider of a public transport service must consult with passengers with disabilities who use the service, or with organisations representing people with disabilities, about any proposal for equivalent access.

33.5 Equivalent access without discrimination

  Operators and providers must be able to demonstrate that equivalent access provides public transport without discrimination 'as far as possible'.

33.6 Direct assistance

 (1) Nothing in these Standards prevents operators or providers from offering assistance directly to passengers.

 (2) If these Standards have not been fully met, direct assistance may be a means of providing equivalent access.

 (3) In addition to compliance with other provisions of these Standards, direct assistance to passengers is required if:
 (a) it is necessary to provide equivalent access to a service; and
 (b) direct access can reasonably be provided without unjustifiable hardship.

33.7 Exceptional cases — unjustifiable hardship

 (1) It is not unlawful to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on any person or organisation.

 (2) However, compliance is required to the maximum extent not involving unjustifiable hardship.

 (3) In determining whether compliance with a requirement of these Standards would involve unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including the following:
 (a) any additional capital, operating or other costs, or loss of revenue, that would be directly incurred by, or reasonably likely to result from, compliance with the relevant requirement of these Standards;
 (b) any reductions in capital, operating or other costs, or increases in revenue, that would be directly achieved by, or reasonably likely to result from, compliance with a relevant requirement of these Standards;
 (c) the extent to which the service concerned operates, or is required to operate, on a commercial or cost‑recovery basis;
 (d) the extent to which the service concerned is provided by or on behalf of a public authority for public purposes;
 (e) the financial position of a person or organisation required to comply with these Standards;
 (f) any effect that compliance with the relevant requirement of these Standards is reasonably likely to have on the financial viability of a person or organisation required to comply, or on the provision of the service, or feature of service, concerned;
 (g) any exceptional operational, technical or geographic factors, including at a local or regional level, affecting a person or organisation's ability to comply 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