Summaries of selected DDA conciliation outcomes July – December 2008
Access to premises
Sign here
A man who uses a wheelchair complained that he had been unable to find accessible toilet facilities in a large shopping centre. The complaint was resolved when the centre management apologised and installed improved signage to enable the accessible facilities to be found more easily.
Access and secure facilities
A woman who uses walking sticks because of her disability complained that she had not been permitted, because of security policies, to use her sticks when visiting her son in a correctional facility. The complaint was resolved when the authorities responsible agreed to make their own mobility aids available for visitor use.
Can we fix it, yes we can
A woman who uses a wheelchair complained that access to her local hardware store was only available via a portable ramp which she considered unsafe and unreliable. The complaint was resolved when the shop agreed to seek council approval for a permanent ramp.
Be alerted not alarmed
A man who is deaf complained that security screening devices and fire alarms at a government building provided only audible warnings and no visible alerts. He complained that the safety and dignity of deaf members of the public using the building were put at risk by this failure. The complaint was settled when the building management agreed to install visual warning systems.
Accessible arts
A man who uses a wheelchair complained that a major publicly funded arts facility did not have public lift access, so that patrons requiring lift access needed to arrange to be met by staff and accompanied through goods lifts and otherwise off limits areas. The complaint was settled with an agreement to install appropriate public lift access.
Footpath policy
A woman who is blind complained that a city council was proposing to approve a footpath trading policy which would permit barriers to people with vision impairments. The complaint was resolved when the council agreed to consult organisations representing blind and vision impaired people before proceeding further with the policy.
Accessible parking
A man who has a mobility impairment complained that there were no disability parking spaces near to his children's school. The complaint was resolved when the respondent, the local council, assisted in negotiating provision of an accessible parking space by the school.
Washroom access improved
A man who uses a scooter because of a mobility impairment complained that toilet facilities provided by his local council were too difficult to enter. The complaint was resolved with an agreement to install external and internal grab rails to assist entry for people who had limited ability to walk, and to investigate possibilities for direct scooter access in future development of facilities.
Safe crossing
A man who has a vision impairment complained that the only crossing provided for a major road in his area was by means of waiting for gaps in traffic at a roundabout, which was particularly unsafe for people with limited vision or mobility or both. The complaint was resolved when the State roads authority agreed to fund an audit of pedestrian movement in the area and then supported installation of a marked crossing to the local authority with control over the section of road.
Power wheelchair access in protected area
A man who uses an electric wheelchair complained that he was unable to visit a natural heritage area without planning and seeking permission in advance, since restrictions placed by the responsible authority on bringing vehicles to the area without a permit, in the interests of protecting a fragile environment, also applied to power wheelchairs. The complaint was resolved when the authority agreed to remove the regulatory restriction and instead rely on the general power and ability of rangers to intervene in any cases where visitors acted in a way which endangered the environment.
Meeting access requirements
A disability advocate complained that he had been unable to participate in a conference because of access limitations at the venue. The complaint was resolve when the organisers apologised and advised that they had adopted a checklist based on the accessible events materials developed by Meetings Events Australia in conjunction with the Commission.
Excessive use of force …
A woman with a physical disability complained that the doors at her local library required too much force for her to be able to open them. The complaint was resolved when the local government body responsible agreed to have the doors adjusted to meet applicable Australian Standards.
Accommodation
Safer access
A woman who uses a walking frame complained that access into the bathroom in her public housing accommodation involved a step which presented a trip hazard and a risk of falling and injury. The complaint was resolved when the housing authority undertook to remodel the bathroom to remove the step and provide a better access way for a person using a walking frame.
Apartment access
A woman who has quadriplegia following an accident complained that access to her apartment in a modern building was very difficult because of heavy entrance doors. The complaint was resolved when the body corporate arranged for residents to have access via the lifts in the adjoining hotel building which did not have the same entrance barriers.
Body corporate meetings made accessible
A man who has a physical disability complained that he was unable to participate in meetings of the body corporate of his apartment block as they were held at a venue he could not enter. The complaint was resolved with an agreement to hold meetings in accessible venues in future.
In another complaint, a woman who has a vision impairment complained that documents for body corporate meetings were provided only in print. The complaint was resolved when the body corporate agreed to provie all materials on disc in accessible formats.
Administration of Commonwealth laws and programs
Inclusion in jury duty
A woman who uses a walking frame complained that when she reported for jury duty, she was discharged because of a belief by the bailiff that she would slow other jury members down in getting to lunch. The complaint was settled with an agreement to arrange staff training in disability issues and a payment of $5000.
Accessible service provision
A man who has cancer complained that when he attended an office of a Commonwealth service provision agency and asked what arrangements could be made for him not to have to stand in a long queue in order to be served, he was advised he had to stand like everyone else, which he could not do. The complaint was resolved when the agency apologised and advised that it was taking a series of measures to ensure non-discriminatory service provision including redesigning offices to make better provision for customers waiting to be served; designating customer liaison officers to assist elderly customers or customers with disabilities requiring particular service arrangements; and providing anti-discrimination training to all staff; as well as providing an increased range of alternatives to attending offices in person.
Education
A place on stage
A mother complained that her daughter, who has a physical disability, could not participate in an arts project involving all the other members of her class, a presentation of Balinese dancing. The complaint was resolved when the school arranged tutoring to enable the girl to play Indonesian percussion music and accompany her classmates on stage.
Individual support needs re-assessed
A mother and father complained that their daughter, who has attention deficit/hyperactivity disorder, was receiving inadequate support at school or enable her to learn effectively or remain safely at school during the day. The complaint was resolved when the education authority agreed to fund an assessment of the girl's needs and options for effective education for her.
Extra time
A school student who has a hand tremor because of a disability complained that he had not been granted adequate adjustments for undertaking his upcoming final exams. The complaint was resolved with the education authority agreeing to provide the student with an extra 10 minutes per 30 minutes exam time to be used to write, dictate or rest as he chose.
Oral interpreting rearranged
A student who is Deaf and whose first language is thus not English complained that he was being disadvantaged in his senior school examinations b not being able to choose a sufficiently qualified teacher for interpreting of science exam questions. The complaint was resolved when the education authority made arrangements to have available a teacher with suitable subject knowledge.
Accommodations for child with autism spectrum disorder
A mother complained that her son who has an autism spectrum disorder was not being effectively accommodated in his primary school education. The complaint was resolved with an agreement by the education authority to develop and implement an improved individual education program.
Employment
Adjustments in safety training
A man who has a lower arm amputation complained that he had not been permitted to participate in a number of components of a safety training course.
The complaint was resolved when the training authority agreed to permit him to undertake these components using modified equipment and if successfully completed to issue him with partial certification which would recognise those situations where he could and could not perform the roles required.
Accessible parking
A worker who uses a wheelchair complained that she was unable easily to enter and exit from her car in the employees' car park due to narrow spaces. The complaint was resolved when the employer allocated the worker use of a wider space.
Reasonable adjustments
A man who has Hepatitis C complained that he had been rejected for a trade training program because of inaccurate assumptions about his capacity to perform the tasks required on the basis of his disability and assumptions that required adjustments would be too difficult or expensive. It appeared that the only adjustment required, if any, would be adjustments to the height of a workbench. The complaint was settled with compensation of $20,000 and a commitment to provide appropriate disability awareness training for staff.
Goods services and facilities
Cinema captioning expanded
A woman who is deaf complained that several suburban cinemas in her area did not provide captioned films. The complaint was resolved when the cinema chain agreed to extend captioning facilities and screenings to one of the three locations involved.
Website access
A man who has a vision impairment complained that a utility provider's website was inaccessible to him. Problems included text with fixed font sizes which users could not enlarge for viewing, and inadequate colour contrasts. The complaint was resolved with an agreement to upgrade the site to meet World Wide Web Consortium accessibility requirements.
Television captioning increases
A number of deaf and hearing impaired people complained that they were being discriminated against in access to broadcast television programming because not all programs were captioned. The complaints were resolve when the broadcasters advised they had committed to a further round of increases in captioning levels pursuant to a temporary exemption approved by the Commission (see the Exemptions page for details).
It's a long way to the shop
A woman who uses a mobility aid complained that access in the aisles of a local shop was frequently blocked by stacked boxes. The complaint was resolved when shop management agreed to improve customer feedback procedures so that management could be aware sooner of access problems and address them.
In another complaint a woman who uses an electric wheelchair complained that the entrance to her local supermarket was not wide enough for her to enter and that she thus had to wait for people to complete their purchases so she could enter through the accessible checkout exit. The complaint was resolved when the supermarket agreed to reposition fittings to provide a more accessible entrance.
Alternatives to credit card
A man with an intellectual disability complained that he had been unable to book holiday accommodation at several venues because a credit card was required. He had not been able to gain access to a credit card because of his low income from Disability Support Pension payments. The complaint was settled when the venues agreed to accept alternative forms of payment.
Hotel access features upgraded
A number of people with physical disability complained that a hotel where they had attended a conference had a series of access barriers. The complaints were resolved when the hotel agreed to conduct an access audit and implement a number of upgrades to premises and procedures, including an access features checklist for guests, renovation of sections of the reception desk, bar and buffet which were too high, and improved signage.
Hearing loop access
A man who uses a hearing aid complained that he had been unable to participate effectively in a quasi-regulatory process because the organisation responsible had not provided a functioning hearing loop. The complaint was resolved when the organisation responsible agreed to install hearing loops in a number of its meeting rooms.
Public transport
Guide dog access
A man who uses a guide dog complained that a taxi had refused him service. The complaint was resolved when the operator apologised and agreed to make a donation to the local guide dog association and request the taxi provider he worked for to arrange disability awareness training for drivers.
Adjustments to lifting procedure
A woman who uses a wheelchair complained that an airline's procedure for use of lifting devices made her feel unsafe and undignified. The complaint was resolved when the airline agreed to work with the complainant to pursue modifications of the wooden seat from her own wheelchair to fit more readily with lifting by its lifting devices.
Captioned films on flights
A man who is deaf complained that there was a lack of captions to enable him to enjoy films on an international flight. The complaint was resolved with an agreement by the airline to provide at least 3 captioned films on flights equipped with video on demand systems.
Two dogs are better than one
A woman who uses a guide dog complained that she had been asked to take a later flight because there was already one assistance animal booked to travel on her flight. The complaint was resolved when the airline agreed that two assistance animals could be safely accommodated on each of its flights.
Sport
On course
A man with a mobility impairment complained that his golf club charged an extra fee for use of golf buggies, which disadvantaged him as he was unable to get around the course without one. The complaint was resolved when the club agreed to absorb golf buggy costs into general fees.
Aiming to eliminate discrimination
A man who has restricted mobility due to arthritis complained that when participating in sporting shooting events he had been prevented from using a head rest to enable him to shoot from a prone position. The sporting body concerned was not prepared to recognise a competitor shooting in this manner as equivalent for all purposes to other participants (including for purposes of awards and national selections) but the complaint was resolved with an agreement to permit participation and record results.