Summaries of selected conciliated outcomes January-June 2008
Education
Access to school facilities
A woman whose son uses a wheelchair complained that school ceremonies were held in a hall which only had inaccessible toilets, despite representations being made to the school over several years. After the Commission explained to the school that the Disability Discrimination Act does in fact apply to use of premises constructed before the commencement of the Act, and that provision of accessible toilets on the other side of the school did not guarantee compliance with the DDA, the complaint was resolved with an agreement to upgrade the facilities to provide access.
Accommodation of autism
A father complained that his son who has autism had been discriminated against by being failed for not completing a group work component of a year 12 course. The complaint was resolved when the school agreed to improve procedures for communication with the parents regarding assessment tasks so they could assist their son in developing skills required.
Employment
Transfer to accommodate child's disability
A police officer complained that he had been assigned to a location which made it difficult to have access to services and supports required by his daughter's disability. The complaint was resolved when the police service advised that transfer to the officer's preferred location had become available and would be offered.
Police training permitted
A woman who has diabetes complained that her application to undertake police training had deferred. The complaint was resolved when the police service agreed that the woman could undertake the physical capacity test required of trainee officers, subject to their receiving clearance from her medical specialist.
Administration of Commonwealth laws and programs
Assistance in using online services
A woman who has a learning disability complained that her access to online services from a Commonwealth Government service provision agency had been locked because she had disclosed her password to her husband so he could assist her. The complaint was resolved when the agency restored her online access.
Access to premises
Access for parent with disability
A woman who uses a wheelchair complained that the only ramp access to the restaurant in a local hotel was through the gaming area, which children were not permitted to enter, so that she could not accompany her children to the restaurant. The complaint was resolved when the hotel agreed to provide all a ramp for all ages access within 6 months.
Accessible facilities at shopping mall
A woman who uses a wheelchair complained that a large shopping mall in a regional town did not provide accessible toilets. The complaint was resolved when the management agreed to upgrade facilities to provide access within 3 months.
Access to play area
A mother whose children have an allergy requiring them to carry an epipen complained that her children were not permitted to enter the play area at a store unless she entered and remained in the play area with them. The complaint was settled when the store agreed that the children could use the play area so long as the mother remained within sight.
Shopping centre access with assistance animals
A woman who uses an assistance animal complained that she had not been permitted to be accompanied by her animal in a shopping centre. The complaint was resolved when centre management advised that in response to the complaint they had developed a policy on assistance animal access for all centres in their chain.
Access to theatre
A woman who uses a wheelchair after experiencing a stroke complained that there was no accessible toilet at a local arts theatre and that the main entrance was not accessible. The complaint was resolved when the theatre group advised that it did not itself have the funds to install accessible toilets it would apply for funding from relevant arts funding bodies; and that although site constraints prevented installation of permanent ramp access at the front entrance, a suitable portable ramp would be acquired.
Guide dog access
A woman who uses a guide dog complained that she had been told to leave a pharmacy because she was accompanied by her guide dog. The complaint was resolved when the pharmacy apologised, and advised that its anti-discrimination policy, which only covered discrimination against staff, would be revised to cover discrimination against customers including customers with disability.
Goods and services
Regional cinema captioning
A man who is deaf complained that movies at the cinema in the regional town where he lives did not have captions. The complaint was resolved when the cinema agreed to install captioning display equipment and schedule three captioned screenings per week.
Hotel access for man with intellectual and physical disability
A man who has an intellectual disability and a back injury affecting his gait complained that he had been refused access to a public bar because staff mistakenly thought he was intoxicated. The complaint was resolved when the hotel apologised and advised that they had adopted a procedure intended to avoid such incidents recurring, including requiring staff to check with the most senior manager present if a person appeared intoxicated but had identified themselves as having a disability.
Large print bills
A woman who has a vision impairment complained that she had been charged late fees for failing to pay bills which she could not read as the utility company did not provide bills in large print. The complaint was resolved when the company agreed to waive the late fees and to provide large print bills on request.
Accessible banking
A woman who has a vision impairment complained that the online banking facilities of her credit union were not accessible to her because of the manner in which security features had been implemented. The complaint was resolved when the credit union agreed to upgrade its site to provide an accessible method for verifying identity.
Discrimination disconnected
A man who experienced a workplace injury complained that a mobile phone provider refused him a phone contract because it did not regard income from workcover payments as sufficiently secure. The complaint was resolved when the provider agreed to remove this discriminatory policy.
Hearing access at hotel
A number of Deaf and hearing impaired people complained that a hotel did not provide accessible facilities. The complaint was resolved when the hotel undertook to develop an action plan in consultation with disability community representatives, including
- replacement of all existing televisions not able to support teletext with sets which do provide this capacity
- fitting of visual emergency warning strobe lights in a range of different classes of room and in selected public areas
- review of emergency procedures and staff training to ensure safety and equal service for guests with disability
- purchase of hospitality kits for hearing impaired guests including TTY enabled and hearing aid compatible phones and visual doorbell.
Public transport
Airline procedures improved
A young woman who has epilepsy complained that because she had not been advised in a timely way of an international airline's requirements for medical clearance, she was refused passage until the day after the flight she and her fiancé had booked. The complaint was resolved when the airline apologised, provided complementary travel for the couple and agreed to upgrade its passenger information systems to avoid similar events in future.
Intellectual disability not a barrier to plane travel
A woman complained that her sister, who has an intellectual disability, had been told when she arrived to book in for a plane trip that “minors” could not travel unaccompanied – despite the facts that (1) this is not the case; (2) the sister is over 50 years old and (3) has a high level of capacity including holding licences to operate various machinery. The complaint was settled when the airline apologised, advised that it had reviewed is staff information and training, paid compensation for the embarrassing incident that had occurred, and agreed that the sister was entitled to travel unaccompanied.
In flight captioning
A man who is deaf complained that captioning of entertainment and announcements was not available on an international flight. The complaint was resolved when the airline advised that it would progressively upgrade its fleet to include captioning facilities and would reinforce its staff training on service for customers with disabilities.
Targeting assistance
A man who is blind complained that in order to receive assistance in finding his way to his flight, an airline had required him to be pushed in an airline wheelchair. The complaint was resolved when the airline agreed to revise its assistance procedures and information for staff and passengers.
Independent travel
A woman who has a physical disability complained that an airline would not permit her to travel unless she was accompanied by an assistant because she cold not reach under her seat to put on a life jacket if required. The complaint was resolved when the airline agreed to have staff place the jacket within reach in the seat pocket on request.
Accommodation
By laws updated
A man complained that he was not permitted to keep his assistance animal in his apartment. The complaint was resolved when the body corporate of the building advised that its bylaws had been changed to permit approval for an assistance animal on receipt of evidence that the animal was in fact an assistance animal rather than only a pet or companion animal.
Accessible facilities at caravan park
A couple complained that the amenities block at the caravan park where they had a site was not accessible. The complaint was resolved when the management agreed to upgrade the facilities.
Insurance
Insurance exclusion narrowed
A woman who had experienced a whiplash injury some years ago complained that when she sought income protection insurance, she was only offered cover which excluded all spinal injuries or conditions. The complaint was resolved when the insurer reconsidered and offered insurance which only excluded the pre-existing injury rather than spinal injuries in general.