Conciliation summaries October-December 2007
Reminder: Settlements are generally made without admission of liability and do not constitute legal precedents for other cases
Access to premises
A man who uses a wheelchair complained that a restaurant's accessible toilet facilities were not in fact accessible as handrails had not been fitted. The complaint wa resolved when the venue apologised and undertook to install handrails as required.
A man who uses a guide dog complained that he had been refused access to a bar. The complaint was resolved with an apology and a commitment to improve staff training on access issues.
A woman with a physical disability complained that a café in her town lacked an accessible entrance or accessible toilet facilities. The complaint was resolved when the café completed works to provide ramp access, replace a push door with an automatic door, and make its toilets accessible including fitting door closing devices and swing handled taps.
Accommodation
A man who has a physical disability complained that a hotel where he wished to stay did not have accessible rooms on its non-smoking floors. The complaint was resolved when the hotel undertook to re-arrange its facilities to provide guests requiring accessible facilities with the same choices as other guests.
A man who uses a guide dog complained that he had been prevented from staying with or visiting his brother because the landlord had insisted on no animals being present on the property. The complaint was resolved when the landlord's agent apologised and undertook to ensure that all staff understood the distinction between guide dogs and pets.
Education
A mother complained that her son, who has a learning disability, had been refused admission to a technical college which he wished to attend to gain a trade qualification. The complaint was resolved when the educational authority undertook to provide support to enable the young man to participate in the course successfully.
A girl who has a learning disability affecting her reading and writing complained that she had not received sufficient reasonable accommodation in exam procedures. The complaint was resolved when the education authority agreed to provide 10 minutes extra time in a number of subjects and a reader for mathematics exams.
In another complaint a boy who has been assessed as having dysgraphia complained of receiving insufficient accommodation. The complaint was resolved when the education authority agreed to provide 10 minutes extra time and to permit the use of a word processor in exams.
A man who has a vision impairment complained that he had been disadvantaged in his studies by limits in the availability of assistive technology in his university's library. The complaint was resolved when the university agreed to waive his fees for the semester.
A mother complained that her child, who has been assessed as having attention deficit disorder, was excluded from the school choir after forgetting to attend practice. The complaint was resolved with an agreement to introduce a communication book so that the child an her parents would have easy access to reminders about important school events.
Insurance
A man who is receiving treatment for a depressive illness complained that he had been refused income protection insurance. The complaint was resolved when the insurer advised that it had re-assessed the application and would provide cover, apologised and agreed to provide $10,000 compensation.
Public transport
A woman who uses a trained assistance dog to assist her deal with her psychosocial disability complained that she had been told she could not travel on a public transport service with her dog although she had produced evidence that her dog was an assistance animal and was trained to behave appropriately on public transport. The complaint was resolved when the transport provider agreed to issue a pass confirming that the woman was entitled to travel on its services with her animal (so long as the animal was appropriately restrained in accordance with the requirements of transport legislation in the State concerned).
