Nos. H95/34
Number of pages - 1
COURTHUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION HRNGDisability Discrimination Act 1992 Sir Ronald Wilson (Inquiry Commissioner) Sydney, 28-29 August 1995 ORDER#DATE 6:9:1995 #ADD 20:6:1997 Counsel for complainant: Mr John Basten QC Counsel for respondent: Mr Alan Archibald QC Order for relief made. JUDGE1Sir Ronald Wilson (Inquiry Commissioner) BACKGROUND 1. I refer to the decision of the Human Rights and Equal Opportunity Commission ("the Commission") dated 19 June 1995 in respect of this matter in which I found the complaint of discrimination alleged by Mr Geoffrey Scott pursuant to the Disability Discrimination Act 1992 (Cth) to be substantiated. 2. A hearing into the relief, if any, to be granted in this matter was held by the Commission on 28 and 29 August 1995. RELIEF 3. (a) Within 48 hours of the date of this determination, the respondent pay to the complainant the sum of $600 to be applied in or towards the acquisition of a tele-typewriter ("TTY") provided always that in the event that the acquisition cost of the TTY is less than $600, the complainant may retain the balance with a view to meeting future maintenance or upgrade expenses in respect of that TTY and provided further that the complainant shall be entitled: (i) not less than 5 years after the abovementioned payment or alternatively the provision of an additional voucher under sub- paragraph (ii), to one voucher for $600 for the acquisition of a replacement TTY; and (ii) within 5 years of the abovementioned payment in the event of uninsured total failure or destruction of the original TTY through no fault of the user, to one additional voucher for $600 for the acquisition of a replacement TTY. (b) Each such voucher in (a)(i) and (ii) above may be applied towards the acquisition of a TTY costing less than $600, provided that any balance beyond the actual price of the TTY may be retained by the complainant to be applied towards maintenance costs. Alternatively, the voucher may be applied towards the acquisition of a TTY costing $600 or more. (c) That the respondent pay to the complainant the amount of $250 for the costs incurred by the complainant in respect of this complaint.
