Summaries of selected Disability Discrimination Act conciliation outcomes January- June 2009
Income protection restored
A man who is HIV-positive and runs his own business complained that, when he disclosed his HIV-positive status, his accident and insurance cover provider cancelled his cover. The complaint was resolved when the insurer agreed to provide renewed cover, without additional premium but with an exclusion clause specific to the complainant's situation and subject to an annual medical certificate from his doctor.
Museum access
A woman who uses a wheelchair complained that when she took her 11 year old nephew to a museum as part of an interstate family holiday, he was denied access to important parts of the collection on the basis of her disability. Children under 12 were required to be accompanied by an adult; access to some of the exhibits was not feasible for the complainant because of her disability; and the respondent had declined a request to permit the boy to be accompanied by a museum staff member instead.
The complaint was resolved when the museum agreed to provide airfares and accommodation costs to allow the nephew and an adult to come from their home state to return to visit the museum; to counsel its staff about service for people with a disability and their associates; and to amend its Disability Action Plan to refer to the service needs of associates of people with a disability.
In another complaint, a number of Deaf and hearing impaired people complained that a museum was not accessible to people who are deaf or have a hearing impairment. The complaint was resolved with the respondent agreeing to implement a number of measures to improve accessibility including
- installation of two public phones with variable volume control and induction loop;
- provision, upon request, of a portable TTY keyboard appliance that can be used in conjunction with the public payphones;
- installation of cash registers with outward facing displays;
- provision of disability access information on its website;
- incorporating training on customer service to Deaf people and people with a hearing impairment into existing staff training;
- reviewing access to exhibitions and facilities at the museum, including audio-visual installations, films, and lectures;
- provision of verbal information in alternative formats pending outcome of the review; and
- review of signage at the museum
Public transport access for seizure alert dog
A woman who has epilepsy and uses a seizure alert dog complained that she had not been permitted to have her assistance dog travel with her on public transport.
The complaint was resolved when the transport provider agreed to fund a public access test for the complainant's assistance dog and, when this was successfully completed, to allow the complainant to travel with the assistance animal.
Guide dog access
A man who is blind and uses a guide dog complained that when he and his family went to a restaurant to order take away food he was asked to leave. The complaint was resolved when the restaurant manager apologised for not having know about guide dog access rules, and undertook to arrange staff training on access and place a “Guide Dog Welcome” sticker at the front of the shop.
Accommodating behavioural disorders in education
A man complained on behalf of his grandson, a year 6 school student, that reasonable adjustments were not being made to accommodate his disabilities including Attention Deficit Hyperactivity Disorder. He was concerned that his grandson had been suspended on several occasions, and was frequently sent home from school early.
The complaint was resolved with an agreement to develop an action plan which focussed on the student's transition from primary school to high school and including an individually tailored transition program, a communication strategy and assessments by relevant educational experts.
Captioning capability on hotel televisions
A man who is deaf complained that when he stayed at a hotel in August 2008 he was unable to access captioning on the television in his room. The complaint was resolved with an agreement by the hotel to providing captioning in 16% of its rooms within 12 months.
Hearing access at lectures
A man who has a hearing impairment complained that when he attended a lecture series at a public venue he was unable to hear the lectures as there was no audio loop installed in the theatre. The complaint was resolved with the respondent agreeing to provide an apology, a refund of $85.00 for the lectures and install an audio hearing loop in the theatre.
Taxi bookings improved for guide dog users
A man who is blind and has a guide dog complained that when he when he called to book a taxi and informed the operator that he was travelling with a guide dog, he was told not to count on a taxi turning up as drivers could choose not to carry a guide dog. The complaint was resolved without admission of liability when the respondent agreed to d evelop a disability access program; engage their local Guide Dog association to provide awareness training; raise guide dog awareness issues with other taxi services at a forthcoming network meeting; and pay the complainant $200 compensation.
Interpreting for training program
A man who is Deaf and is eligible for training funded through a Commonwealth Government program complained that interpreting costs were not included in the support provided. The complaint was resolved when the Commonwealth Department concerned agreed to provide funding for an Auslan interpreter up to the value of $5000 and to meet with a peak disability body to discuss issues concerning accessibility of the Department's programs.
Second chance - welcome back
A man who had applied for a managerial position complained that he had been unsuccessful because of a previous back injury and workers compensation claims.
The position was readvertised and during the second recruitment process the Commission notified the respondent of the complaint. The complainant was offered the position.
Interpreting in hospital
A man who is Deaf complained that during a two week stay in hospital he was not provided with an Auslan interpreter. The hospital argued that effective communication had been conducted through written notes and other means. The complaint was resolved with the hospital paying $8,000 compensation.
Exam procedure adjusted
A university student complained that he had not been offered alternative times for sitting exams which he needed because of physical and psychological injuries as a result of a motor vehicle accident. The complaint was resolved with an agreement to work with the student to make alternative arrangements for future examinations and assessments.
Local solutions
A woman who uses a wheelchair complained that a local fast food outlet had failed to provide wheelchair accessible toilet facilities and that the local council had permitted the discrimination. The fast food provider advised that it had taken steps to provide accessible toilet facilities in many of its outlets, but not in the complainant's local store. Without admission of liability, the fast food provider agreed to provide accessible toilet facilities in the complainant's local store within twelve months of the lease being renewed. The respondent council advised that although there had been no recent development application through which it could review access at the specific store concerned it would agree to inquire into a number of local access issues raised by the complainant.
Accessible payment for parking
A woman who uses a wheelchair complained that local parking meters were not accessible which had led to her being fined for not having a parking ticket. The complaint was quickly resolved with the respondent agreeing to waive the parking fine and ensure its payment systems are modified to provide accessible options.
Disabled access enabled
A man who uses a wheelchair complained that a stair lifter, installed to enable people who use wheelchairs to access the local cinema, had been out of order for several months. The complaint was resolved with an agreement to install a new and more reliable lifting device.
On line shopping access
A woman who is blind complained that some features of an online shopping side were inaccessible. The complaint was resolved when the respondent advised that it was in the process of upgrading its website to improve accessibility, and agreed to provide the complainant with shopping credits to the value of $460.00 and to include her in accessibility testing for the upgraded site.
Back on the bus
The parents of a boy who has cerebral palsy and uses a wheelchair complained that his local public school had replaced a bus fitted with a wheelchair lifter with a new bus without wheelchair access and their son was no longer able to get into the bus to attend school excursions and camps.
The complaint was resolved when the school agreed to fit a wheelchair lifter to the new school bus, and to develop protocols for communication between the school and parents about the boy's participation in activities.