Conciliated outcomes:
accommodation

Updated October 2009

For more recent conciliation outcomes please refer to the Commission's conciliation register

Reminder: Conciliated settlements are usually made without admission
of liability and may not provide firm precedents for the outcome in other
cases.

Captioning capability on hotel televisions

A man who is deaf complained that when he stayed at a hotel in August 2008 he was unable to access captioning on the television in his room. The complaint was resolved with an agreement by the hotel to providing captioning in 16% of its rooms within 12 months.

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.

By laws updated

A man complained that he was not permitted to keep his assistance animal in his apartment. The complaint was resolved when the body corporate of the building advised that its bylaws had been changed to permit approval for an assistance animal on receipt of evidence that the animal was in fact an assistance animal rather than only a pet or companion animal.

Accessible facilities at caravan park

A couple complained that the amenities block at the caravan park where they had a site was not accessible. The complaint was resolved when the management agreed to upgrade the facilities.

Choice of non-smoking floor made available

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.

Family reunion

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.

Ramp access to unit

A woman who has a physical disability complained that portable ramps which she used to gain access to her unit had been removed. The complaint was resolved when the body corporate approved installation of a permanent ramp.

Waiting times for accessible housing

A woman with a physical disability complained that the waiting period for public housing accommodation for people requiring accessible housing was longer than for people without this requirement. The complaint was resolved when the housing authority agreed to undertake works to upgrade the housing the woman had been allocated to provide for access.

Guide dog access at motels

In two separate incidents at different motels, a man and a woman who use guide dogs complained that they had been refused access when accompanied by their dogs. The complaints were resolved with agreements to pay donations to the Guide Dog Association in his State and to have staff undertake training regarding access rights.

Captioned TVs in hotels

A woman who is deaf complained that the TV in her room when staying at a hotel did not display captions. The complaint was resolved when the hotel agreed to ensure captioning on at least 25% of TVs within 12 months and to improve booking procedures to ensure that guests could request a room with captioned TV.

In another case a woman who is deaf complained that her room in a guest house did not have captioning facilities on the television. The complaint was resolved when the respondent advised that televisions with text capability would be installed within 12 months in all rooms.

Appropriate housing for family living with autism

A mother whose child has an autistic disorder complained that her public housing accommodation did not meet the needs of her child to have his own bedroom and a safe play area. The complaint was resolved when the authority advised that the family would be given priority in access to more suitable accommodation.

Electric wheelchair use in nursing home

A man complained that his wife, who has an acquired brain injury, had been discriminated against by not being allowed to use an electric wheelchair in the nursing home where she lives, due to concerns by the nursing home regarding safety for other residents. The matter was resolved with an agreement to conduct a trial and have safety issues independently assessed and implement the results in good faith if the trial were successful. (2006)

Access to unit

A woman who has MS and uses a wheelchair complained that the body corporate of her building had refused permission to install a permanent ramp to enter her home. She was permitted to use a removable ramp but was unable to position this without assistance. The matter was settled when the body corporate granted permission for a ramp to be constructed.

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. (2006)

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. (2006)

Accessible public housing

A man who has quadriplegia and uses a wheelchair complained that the public housing accommodation where he lived did not provide wheelchair access to common areas including the area where residents had barbeques and social gatherings, the clothes line area, and walkways between buildings. The matter was resolved when the housing provider advised that it had agreed to transfer the man to new premises which were wheelchair accessible. (2005)

Hotel access for hearing impaired guests

A number of people with hearing impairments complained that a hotel did not provide them with equal access to facilities and emergency warnings. The complaint was settled when the hotel agreed to include hearing access needs on its registration information; provide TTY phone access; and upgrade guest TVs to provide 5 rooms with caption access by March 2005; 10 by October 2005; and progressive replacement of all TVs with teletext capable sets as replacement fell due. (2005)

Access to professional rooms

A professional specialist who had a leg injury permanently affecting her mobility complained that the owners of the building where her rooms were located would not provide disability access to the premises. After extended discussions with local government and heritage authorities to identify a solution consistent with the heritage value of the building, the matter was settled when ramp access and disability accessible toilets were installed together with other upgrades to the amenity of the building.

Hotel access upgraded for hearing impaired guests

A number of people with hearing impairments complained that a hotel did not provide equally accessible services for guests with hearing impairments, including TV with teletext facilities, TTY phone service and alternatives to audible emergency warnings. The matters were settled when the hotel agreed to implement alternative alarm procedures for guests who indicated a hearing impairment on their registration form; replacement of televisions with teletext capable sets as they fell due for replacement (expected to be over a 2-3 year cycle); provision of volume control phones on request and replacement of all phones with volume control phones in the course of normal replacement cycles; and to take all reasonable measures to provide captioning on in house video programming.

In another case, a complaint was settled when a serviced apartment provider agreed to provide teletext capable televisions for deaf guests. (2004)

Hotel access information improved

A woman who uses a wheelchair complained that after she had booked a hotel room on line with a request for an accessible room, she had been advised there were in fact 6 steps at the hotel entrance. The complaint was settled when the hotel agreed to change its online information to indicate the lack of independent access and to offer staff assistance with access where required.

Accessible detention facilities

A man who uses a wheelchair complained that the prison he was detained in did not provide accessible facilities including for showering and dressing. The complaint was settled when the man was transferred to a prison with accessible cells and related facilities. (2004)

Psychiatric disability accommodated

A man who has an obsessive compulsive disorder and was described as a "pathological hoarder" complained that he had been discriminated against by a public housing provider by being subjected to frequent inspections and being faced with eviction. The provider indicated that they had concerns regarding fire safety because of the amount of material on the premises and the way it was stored. The matter was settled with an agreement to have an independent fire risk assessment conducted, develop a joint action plan for storage of some material and to install metal storage shelves. (2004)

Accommodation access

A woman who has post polio syndrome and uses a wheelchair or scooter
complained that she was unable to exit her flat because of visitors' cars
blocking access and that the body corporate for the flats had failed to
act on her requests to improve access. The complaint was settled when
the body corporate agreed to place a sign requesting that the space concerned
be kept clear. (2004)

Disability parking for public housing

A public housing tenant who has a heart condition and wears a leg prosthesis
complained that although his housing had some limited parking spaces for
residents there were no disabled parking spaces and he was forced to try
to find street parking in a congested area with steep hills. The complaint
was resolved when the housing authority agreed to designate disabled parking
spaces.(2003)

Hostel accommodation

A man complained on behalf of his mother in law that her application
for hostel accommodation was rejected because she had insulin dependent
diabetes. The respondent claimed that it was unable to accommodate her
because the staff at the hostel were not medically qualified and would
not be able to assist her to administer insulin or change her dosage if
required. In conciliation it was agreed that the woman would be placed
on the waiting list for accommodation subject to specialist assessment
of her care needs and the hostel's capacity to meet them. (2002)

Holiday access

A woman who uses a wheelchair complained that a holiday room for herself
and her family was not accessible despite assurances when booking. There
was a step at the door and the bathroom was not wheelchair accessible.
The respondent advised that it had not been clear from the booking request
that fully independent access was required. The complaint was settled
with an apology, an agreement to purchase a portable ramp and payment
of compensation. (2002)

Air conditioning as reasonable adjustment

A man who has paraplegia and thus has difficulty regulating his body
temperature complained that a public housing authority had refused to
install an airconditioner although other tenants had adjustments provided
to accommodate other aspects of disability. The complaint was settled
when the authority changed its policy to cover installation of airconditioners
where required by a person's disability. (2000)

Access improved in public housing unit

A
woman who has partial paraplegia and limited ability to walk so that she
uses a motorised "gopher"to get around complained that she had been allocated
a public housing dwelling which was inaccessible to her because of lack
of ramp access, no place for her to house the "gopher" and uneven and
broken paths creating a risk of her falling. The matter was settled when
the housing department advised that it had constructed new paths, installed
a shed for the gopher, and installed ramp entry to the house, as well
as undertaking door improvements and other works inside the house to improve
accessibility (1997).

Hotel
disability access improved

A woman who had a temporary disability
due to a broken foot complained that she had been discriminated against
by a major Brisbane hotel, when she sought to book a room with a walk-in
shower and was advised that the only room available would require her
to upgrade to a suite and pay an additional $75 per night. The matter
was settled without admission of liability when the hotel agreed to

• introduce
  a policy that no additional fee would be charged where a room upgrade
  was necessary to accommodate a guest's disability
• to
  fit out one suite's shower with hand rails, temperature regulator and
  shower seat within one month
• to
  include two accessible rooms in the next floor reurbishment undertaken
• to
  place added emphasis on disability awareness in staff customer service
  training (1997).

Additional
fee for disability access removed

A
man who uses a wheelchair complained that he had been discriminated against
by being charged an additional fee for use of the accessible accommodation
at some holiday cottages. The matter was settled without admission of
liability when the new owners of the cottages advised that no such additional
fee would be charged by them (1995).

Hotel
disability facilities upgraded

A
woman with Multiple Sclerosis and her husband complained that they had
been discriminated against in accommodation because of the standard of
facilities for people with a disability at a major Sydney hotel, in particular
that access within the toilet and bathroom of the designated disability
accessible room was very difficult. The hotel's initial response was that
the rooms had previously been used without complaint by wheelchair athletes. 
After the complainants explained their experience and concerns in more
detail the hotel advised that it had decided to upgrade the facilities
in accordance with current Australian Standards requirements. The complaint
was settled without admission of liability on this basis and with an apology
and refund of room charges by the hotel (1995).

Complaint
resolved with assistance to find alternative accommodation

The
wife of a man with a manic condition complained in October 1994 that he
had been discriminated against by the real estate agency which managed
the property where he lived taking steps to have him evicted. Evidence
indicated he had been screaming and playing loud music at night on many
occasions such that other tenants could not sleep, and made threats against
other tenants. The complaint was settled without admission of liability
in November 1994 on the basis that the man's lease would be terminated
but the agent would make reasonable efforts to assist the man to find
alternative accommodation (1994).

HIV
support group granted lease

A
support organisation for people who are HIV positive complained that they
were being discriminated against on the basis of the disability of their
members and associates when they were refused a lease on premises. The
lessor had expressed concern that people in the support group who might
have acquired HIV through drug use could pose insurance problems. After
a conciliation conference the matter was settled without admission of
liability with the group being allowed the lease (1994).