Conciliation Register

The complainant is blind and requires sighted assistance to fill out and sign print application forms. He said that he requested assistance from the respondent bank to fill out an investment growth bond application form and was told he would be charged a fee of $2,600. 

The bank said there had been miscommunication on the issue and explained the fee quoted to the complainant was a fee for financial advice and not for assistance to fill out an investment growth application form.  

The complaint was resolved with an agreement that the bank pay the complainant $6,000 as general damages.  

The complainant’s son has Autism Spectrum Disorder and has an assistance dog to help him manage the effects of his disability. She alleged the respondent motel refused a booking for the family if her son was accompanied by his assistance dog. 

On being notified of the complaint, the motel agreed to participate in a conciliation process. 

The complaint was resolved after the motel acknowledged its obligations with respect to guests with assistance animals under anti-discrimination laws and updated its website to say that guests with assistance animals are welcome.

The complainant experiences chronic lower-back joint pain, depression, and anxiety and at times uses a walking stick. She worked as a driver for the respondent government department and claimed that the department did not provide her with an accessible parking space, asked her not to use her walking stick and did not otherwise accommodate her disability. She also alleged colleagues bullied her because of her disability.

The department denied the allegations but indicated a willingness to participate in conciliation. 

The complaint was resolved. The parties agreed to end the employment relationship. The department agreed to pay the complainant $18,000. The department also agreed to introduce a number of training and policy initiatives including the introduction of disability confidence training for management, a revision of existing training to include disability and discrimination training for all staff and measures to ensure better dissemination of complaints handling information internally, greater accessibility to policies for all staff and better visibility of contact information for the internal diversity officer. 

The complainant has Autism Spectrum Disorder, Post-traumatic Stress Disorder, and depression. She resided in a caravan park and sought permission to have an assistance dog reside with her. The caravan park declined the request, citing its ‘no pets’ policy for guests and residents. 

On being advised of the complaint the business indicated a willingness to participate in conciliation. 

The complaint was resolved with an agreement that the complainant be permitted to have an assistance animal, provide relevant supporting documentation to the business, ensure the assistance animal was properly trained by an accredited organisation and ensure her dog practised appropriate toileting within the caravan park. 

The complainant is blind and unable to read information on signs and notification screens. He alleged he was refused sighted-guide assistance at a station to enable him to find and make his way to a platform.

The respondent public transport provider considered that its station staff and conductors offer passengers with disability sufficient assistance to access station facilities, including locating train platforms.

The complaint was resolved with an undertaking by the transport provider to update its website to include information about direct assistance, incorporating feedback from the complainant. The transport provider also undertook to update its app to state that information is subject to change and passengers should approach station staff for the most up-to-date information and for any requests for assistance. Finally, the transport provider agreed to deliver training on direct assistance and disability awareness to frontline staff at the station.

 

The complainant is blind. His employer offered him the opportunity to participate in a postgraduate leadership program delivered by the respondent not-for-profit organisation. The complainant said he informed the organisation of his disability on enrolment and requested adjustments to accommodate his disability, including the provision of reading materials in an accessible format. The complainant alleged the organisation failed to provide him with printed materials in an accessible format and required him to participate in group activities being hosted on an online platform that was not accessible to his screen reading software. He also alleged the organisation refused to allow him to enrol in other core subjects.

The organisation claimed it provided reasonable adjustments to accommodate the Complainant’s disability. The organisation said the online learning platform was a new platform and the complainant did not advise the organisation of any difficulties he was experiencing in accessing the platform unless prompted.

The complaint was resolved with an agreement that the organisation develop and publish a disability action plan and make a financial contribution to a literature review assessing leadership pathways for people with disability in the Complainant’s profession.

The complainant has a hearing impairment and alleged the respondent subscription broadcaster did not offer closed captions, meaning he was unable to access programs.

The broadcaster advised it was in the process of introducing closed captioning in its broadcasts. The broadcaster indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an agreement that the broadcaster offer the complainant free access to captioned programming on a related broadcasting service until closed captions are available.

The complainant has anxiety and Attention Deficit and Hyperactivity Disorder, as well as other medical conditions. He applied for total and permanent disability, income protection and life insurance with the respondent insurer through the respondent superannuation fund. The complainant alleged his application for life insurance was originally approved with certain exclusions and his applications for total and permanent disability and income protection insurance were originally declined because of his disability. The complainant alleges that after he provided additional information about his disability, the insurer removed the exclusions to his life insurance policy and issued him with total and permanent disability and income protection insurance policies with a blanket mental health exclusion. The complainant claimed his mental health issues were well managed and had not resulted in him being unable to work at any point.

The insurer claimed that its decisions were based on statistical and actuarial data on which it was reasonable to rely and that its decisions were therefore not unlawful.

The complaint was resolved with an agreement that the insurer pay the complainant $10,000 and commit to the ongoing training of staff on mental health issues. The insurer also agreed to refund the complainant the cost of his policies to date should he wish to change insurance providers by a specified date. The insurer and superannuation fund agreed to write to the complainant apologising that his customer experience had not met his expectations.

The complainant uses a walking frame to aid mobility. She advised the respondent sporting team moved to a new venue and patrons were required to use stairs to access front row seating. She claimed she had previously been allowed to pass through a restricted secure area to access seating, but this arrangement was no longer available.

On being advised of the complaint, the respondent indicated a willingness to try and resolve the matter by conciliation.

The complaint was resolved with an agreement that the respondent allow the complainant alternative access to the front row, accessible seating.

 

The complainant has anxiety and depression. She is enrolled in a bachelor’s degree with the respondent university and resides in student accommodation. The complainant said that the university had previously accommodated her need to take time off her studies to manage her disability. However, she claimed the university had recently started a ‘show cause’ process due to an unsuccessful year of study which could result in her being excluded from the university for five years. She claimed the university did not give due consideration to medical evidence about the impact of her disability on her studies and resulting need for reasonable adjustment.

On being notified of the complaint, the university indicated a willingness to try to resolve the matter by conciliation.

The complaint was resolved. The university agreed to apply the complainant’s late withdrawals retrospectively, so she did not fail subjects. The university agreed to allow the complainant to defer her studies, beyond the standard referral period if required. The university also undertook to prioritise the complainant’s application for accommodation on campus.

The complainant is deaf and worked for the respondent vocational training provider. He alleged that his employer and his manager discriminated against him on the ground of his disability, including by excluding him, failing to install visual fire alarms throughout the premises and failing to install a visual doorbell to the staff room. 

On being advised of the complaint, the respondents indicated a willingness to try to resolve the complaint by conciliation.  

The parties agreed to end the employment relationship. The vocational training provider agreed to pay the complainant $10,000 as general damages and to re-credit personal leave used by the complainant. The vocational training provider also undertook to meet with the complainant to better understand his concerns and to install visual fire alarms and beacons throughout the building.

The Complainant’s primary-school-aged son has autism, Attention Deficit and Hyperactivity Disorder, Generalised Anxiety Disorder and motor dyspraxia. She said her son had been enrolled in a vacation care program and after-school care program with the respondent out of school hours care provider. The complainant alleged the service declined to enrol her son for future programs because of the cost and other difficulties associated with employing an additional educator to support her son.  

The service said funding and an additional educator was in place to accommodate the Complainant’s son. However, the service noted that the complainant had failed to submit the relevant enrolment forms for her son to attend vacation or after-school care programs. The service also emphasised the importance of the complainant providing notice of her son’s non-attendance, as the service had previously been required to cover the costs of an additional educator because her son had failed to attend without notice.  

The complaint was resolved with an agreement that the Complainant’s son would attend the out of school hours care service and an undertaking by the complainant to notify the service should her son be unable to attend.

The complainant worked as a childcare worker for the respondent childcare centre. She developed a pregnancy-related medical condition and asked for adjustments to accommodate her condition, including reduced hours and weightlifting restrictions. She said these requests were accommodated initially. However, she alleged that after a period of leave, she was informed that on her return, she would be primarily performing kitchen duties, which involved repetitive lifting, bending and standing. She said that when she told the childcare centre that these duties would not be suitable, she was placed on special parental leave. 

The childcare centre denied discriminating against the complainant on the grounds of her pregnancy or disability but agreed to participate in conciliation.

The parties agreed to end the employment relationship. The childcare centre agreed to pay the complainant $35,000 as an eligible termination payment and in compensation for accrued entitlements and to provide her with a statement of service.

The complainant’s 15-year-old son has Autism Spectrum Disorder and Attention-Deficit and Hyperactivity Disorder and can become distressed when in crowded and noisy environments. The complainant claimed he was unable to take his son to a multi-day agricultural show because organisers did not schedule a day with reduced noise and crowds in order to accommodate the needs of people with disability. 

The organisers of the agricultural show claimed it was not possible to set a whole day aside as a ‘quiet day’ because of the short duration of the show and the number of stakeholders involved. Organisers said they had taken several steps to try to accommodate the needs of patrons with disability and to better manage noise and crowds. 

The complaint was resolved with an undertaking by organisers to: 

* Develop maps showing quieter and louder areas of the venue 

* Offer information on which times or days are least crowded 

* Provide a break-out area for people with disability 

* Update and improve the page on the show’s website dedicated to people with disability.

The complainant was employed as a store manager with the respondent retailer and injured his collar bone in a non-work-related incident. He said he was deemed unfit for any duties for four weeks and then fit for duties with restrictions on what weight he was able to lift. The complainant alleged the retailer and its owner would not allow him to return to work until he was fit to resume all duties without restriction. He claimed that, as a result, he was required to access three months of personal and annual leave. 

On being advised of the complaint, the retailer and its owner agreed to participate in conciliation. The retailer sold the outlet at which the complainant worked, and he was therefore made redundant prior to the conciliation conference. 

The complaint was resolved with an agreement that the retailer and its owner pay the complainant approximately $10,100 as a contribution to his legal costs and $5,000 as an ex-gratia payment.