Decline/termination decisions: Public transport
Summaries of decisions by Disability Discrimination Commissioner or delegate to decline complaints, and of the President of HREOC or delegate reviewing such decisions; or (from 13 April 2000) decisions by the President or delegate to terminate complaints. Last updated: 19 April 2000
Inaccessible station: adequate remedy
The full decision of the Acting Disability Discrimination Commissioner on the complaint by Ashfield Municipal Council regarding lack of access to Summer Hill railway station is available on this site, since this complaint was investigated by a public inquiry process.
Requirement to travel accompanied not unlawful given contradictory medical evidence
A woman with epilepsy complained that an airline had discriminated against her by requiring that she travel with an assistant before they would permit her to travel on a long international flight. The delegate of the President confirmed the decision of a delegate of the Disability Discrimination Commissioner to decline the complaint. The delegate noted that the airline had acted in accordance with a policy intended to ensure the safety of passengers. It had based its decision on reports provided to it by the complainant. These reports had been contradictory. The delegate concluded that although in hindsight it might be argued that the restriction imposed was unnecessary, he was satisfied that it did not constitute discrimination (23 October 1997).
Airport scanning and radiation on aircraft not unlawful discrimination
A man complained that an airline's requirement that he be scanned by the airport security scanner, and its refusal to create a radiation free zone on the aircraft, constituted unlawful disability discrimination against him. The President confirmed the decision of a delegate of the Disability Discrimination Commissioner to decline this complaint. He held that to exempt the man from scanning would impose an unjustifiable hardship on the airline. After considering information from both major domestic airlines and taking into account the draft Accessible Public Transport Standards, he also decided that creation of a radiation free zone on aircraft would impose unjustifiable hardship both in financial terms and regarding the safe and effective operation of the air service (22 January 1997).
Withdrawal of bus service not discriminatory
The President's delegate decided, confirming a decision by the Disability Discrimination Commissioner, that removal of a bus service previously provided by a disability service provider did not constitute discrimination. He noted that there was no duty under the DDA for the provider of a service to continue to provide it. (8 February 1996).
Taxi complaint adequately dealt with by Taxi Complaints Board
A woman complained regarding verbal abuse by a multi purpose taxi driver after she had complained about extensive delay in response to taxi bookings. The Commissioner declined the complaint as already adequately dealt with by the local Taxi Complaints Board, since a conviction had been recorded against the driver and he had been fined (1995).
Reduction in local train service not discriminatory
A woman with a mobility disability complained that she had been discriminated against by timetable changes which meant that fewer trains stopped at her local station. The Commissioner declined the complaint. There was no discrimination, since the changes applied to and affected all commuters in the area equally (1995).