Conciliation outcome summaries: January - March 2006
Reminder: Settlements are generally made without admission of liability and do not constitute firm precedents for other cases
Online access to IT help
A woman with a hearing impairment complained that when she sought help from an information technology company with a recently purchased product she was told that assistance was only available over the phone rather than by email. The complaint was settled when the respondent company apologized, offered 12 months free access to a service upgrade, and advised that the advice had been given in error through the customer service officer missing the notification in the customer's email that she had a hearing impairment, as in this case company policy documents did provide for online assistance as well as having procedures for assisting customers using TTY relay services.
Cruise fare refunded
A man whose wife uses a wheelchair complained that on a holiday cruise they had booked, although initial boarding and cabin arrangement were accessible access had been impossible or unsafe at ports along the way. The complaint was settled with payment of over $4000 to refund fares and other expenses, an apology and an agreement for the company's disability access officer to meet with the complainants to discuss services and procedures for passengers with disabilities.
Inaccessible disability equipment service relocated
A disability advocacy service complained that one of its clients who uses a wheelchair lacked adequate access to a PADP (Program of Appliances for Disabled People) service at a hospital. The complaint was settled with an agreement to relocate the service to an accessible facility no later than June 2006; to develop a disability access plan; and to move the service back to accessible premises within the hospital on completion of construction of new hospital buildings.
Accessible public housing
A woman who uses a wheelchair complained that she was unable to leave or enter her public housing property independently because of stairs or use the bathroom independently because of inaccessible design. The complaint was settled when the respondent approved funding to modify the house and carried out works to provide independent access through at least the front entrance and access to the bathroom.
Access to church
A man who uses a wheelchair complained that his local church was not accessible to him. The matter was settled when the parish advised that plans for 1:14 ramp access were to be submitted to council and fundraising for construction commenced.
Venue access upgraded
A man who uses a wheelchair complained that when he attended an event at a major public venue access to toilet facilities was inadequate with insufficient signage, doors too heavy to open and insufficient room. The matter was settled when the respondent advised that signage had been upgraded and refurbishment of toilets commenced.
Opportunity to be tested for licence
A man who had one arm amputated at the elbow 30 years ago after suffering a hit and run accident complained that he was not being permitted to hold a licence to drive a manual car without modifications or ride a motorcycle without using a prosthetic arm. The complaint was settled when the licensing authority agreed to test the complainant for these purposes in the presence of an independent occupational therapist.
School adopts disability policy
A woman complained that her grandson had been discriminated against by an independent school when he was expelled because of behaviour associated with his psychological disorder. The complaint was settled when the school agreed to develop a disability policy expressing commitment to the value of diversity and compliance with the DDA and the Disability Standards for Education; participate in formal communication with families and assessment of development of students with disabilities throughout the year; and consult with the school's relevant peak association on disability procedures and policies.
Public housing access upgraded
Parents complained that their son who uses a wheelchair had been discriminated against by delays in upgrading his public housing accommodation to provide accessible entry and bathroom and laundry facilities.
The complaint was settled when the respondent carried out the necessary upgrades, and agreed to apologise, credit the rental account with $3000, and ensure an inspection of the upgrades to ensure that access specifications were met.
Interpreter for film making course
A man who is deaf complained that he had been discriminated against when he was asked to arrange and pay for his own interpreter to participate in a community college course on making short films. The complaint was settled with an agreement to provide an accredited interpreter for the course.
Hearing dogs in taxis
A man who has a hearing impairment and uses a hearing dog complained that when a taxi from the respondent company arrived to collect him and a friend, the driver refused to allow the dog to sit near him in the passenger compartment and required it to be placed in the back of the station wagon. The complaint was settled with an agreement to pay Lions Hearing Dogs $500.
Choice of seating
A man who uses a wheelchair complained that he had been discriminated against by a concert promoter because there was no accessible seating in the premium section for a concert he wished to attend.
The complaint was settled when the promoter advised that although it was unable itself to alter the seating provided by venues it would continue to make clear to venues its strong preference for provision of accessible seating in all price categories.
Accessible parking at Commonwealth agency
A man who uses a wheelchair complained that disability parking spaces at the local office of a Commonwealth government service provider were inadequate. The complaint was settled when the parking was upgraded to meet relevant Australian Standards.
Bullying of students with disabilities
A mother complained that her son who has a vision impairment had been bullied in relation to his use of assistive equipment for reading and that the school did not act quickly or fully to respond to this, leading them to change schools. The matter was settled when the school agreed to review its anti-bullying policy and include specific provisions on bullying of students with disabilities; conduct disability awareness training including on staff obligations under the DDA and the Disability Standards for Education; waive outstanding fees, pay $4000 compensation and allow the student to keep a laptop which had been obtained for him by the school.
Return to work for bar manager
A man who is hepatitis C positive complained that when he had a nosebleed at work he was given a written warning and threatened with dismissal after 15 years employment. The matter was settled with payment of $550 compensation and an agreement that the man could return to work with provision being made for flexible use of sick leave if required.
