Australia Disability Standards for Accessible Public Transport 2002
Parts 33 to 35 Compliance: equivalent access, direct assistance, unjustifiable hardship, exemptions, review and transition – Australia Disability Standards for Accessible Public Transport 2002

Australia Disability Standards for Accessible Public Transport 2002 33.7: Unjustifiable hardship: non-compliance is not unlawful only to the extent compliance would impose unjustifiable hardship, and compliance is required to the maximum extent that does not; the claim is weighed against the section 33.7 factors (costs and savings, commercial basis, public purpose, financial position and viability, operational, technical and geographic factors, available resources and grants, benefits and detriments including heritage, less onerous means, good faith efforts, any action plan under section 64 of the Act, consultation, and any extra time sought), and where a substantial issue arises against the alternative access provided

What does 33.7 require?

It is not unlawful to fail to comply with a requirement of the Standards if, and to the extent that, compliance would impose unjustifiable hardship on a person or organisation, but compliance is required to the maximum extent that does not involve such hardship. All relevant circumstances must be weighed, including additional or reduced costs and revenue, whether the service runs commercially or for a public authority, the financial position and viability of the organisation, exceptional operational, technical or geographic factors, the resources and grants reasonably available, the benefits of compliance and the detriments of non-compliance to passengers and others, heritage values and whether they are essential to the service, whether compliance could be achieved by less onerous means including equivalent access, good faith efforts, the terms and implementation of any action plan lodged with the Commission under section 64 of the Act, consultation undertaken, and where extra time is sought whether it is reasonable and what undertakings are offered. Where a substantial issue of hardship is raised, the extent to which substantially equal access is or may be provided by other means, and measures taken to ensure it, are also considered, and the term is read with due regard to the objects of the Act.

Maintained by Gerard Blokdyk

Other controls in Parts 33 to 35 Compliance: equivalent access, direct assistance, unjustifiable hardship, exemptions, review and transition – Australia Disability Standards for Accessible Public Transport 2002

Query this from an agent

The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.