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Conciliation Register

Act Disability Discrimination Act
Grounds Disability
Areas Goods, services and facilities
Insurance
Outcome details

Apology

Compensation 

Revised terms and conditions 

Anti-discrimination/EEO training reviewed/revised

Amount $10,000
Year

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.

Act Disability Discrimination Act
Grounds Disability aid
Disability
Areas Access to premises
Goods, services and facilities
Outcome details

Adjustments provided

Year

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.

 

Act Disability Discrimination Act
Grounds Disability
Unlawful to contravene Disability Standards
Areas Disability Standards
Education
Outcome details

Revised terms and conditions

Year

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.

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Adjustments provided 

Compensation

Amount $10,000
Year

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.

Act Disability Discrimination Act
Grounds Disability
Areas Goods, services and facilities
Outcome details

Enrolment provided

Year

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.

Act Disability Discrimination Act
Sex Discrimination Act
Grounds Disability
Pregnancy
Areas Employment
Outcome details

Compensation 

Statement of service

Amount $35,000
Year

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.

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Compensation  

Anti-discrimination/EEO policy reviewed/revised  

Statement of regret - private  

Amount $5,000
Year

The complainant has strabismus (is ‘cross-eyed’) and was employed by a labour-hire company to work at the respondent insurance company. He alleged a colleague would make fun of him and his disability, mimic him to other staff by crossing her eyes and berate him. He said he raised concerns about this conduct with a manager and was told this was his fault because he was not a good fit for the team. The complainant said he felt he had no choice but to leave the employment before the end of his contract. 

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

The complaint was resolved with an agreement that the insurance company pay the complainant $5,000 as general damages and write to him expressing regret for the events giving rise to the complaint. The insurance company also undertook to review its workplace conduct, anti-discrimination and grievance policies. 

Act Disability Discrimination Act
Grounds Disability
Areas Goods, services and facilities
Outcome details

Revised terms and conditions 

Policy change/Change in practice 

Year

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.

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Compensation

Amount Approximately $15,100
Year

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. 

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Adjustments provided  

Employment - reinstated

Year

The complainant has a hearing impairment and worked as a nurse with the respondent health service. She advised she experienced significant hearing loss and asked to be moved to a less noisy environment. She alleged the health service told her she would be required to take leave without pay until her situation improved. 

On being advised of the complaint the health service indicated a willingness to try to resolve the matter by conciliation. 

The complaint was resolved with an agreement that the complainant be reinstated in her role in a supported capacity. 

Act Disability Discrimination Act
Grounds Disability
Areas Access to premises
Employment
Outcome details

Compensation

Amount $30,000
Year

The complainant took time off work with the respondent government authority and was diagnosed with motor-neurone disease. He said he contacted the authority to discuss a return to work and asked if the office was wheelchair accessible, given he now used a wheelchair for mobility. He alleged the authority required him to prove his diagnosis even though he had already provided a medical certificate. The complainant thought the authority was trying to delay his return to work because the office was not wheelchair accessible. 

The government authority said the complainant had been away from work for a long time and it therefore had a responsibility to ascertain that he was fit to return to work and perform the inherent requirements of the role. The authority claimed it took all reasonable steps to facilitate the complainant’s return to work. 

 

The complaint was resolved. The parties agreed to end the employment relationship and the government authority agreed to pay the complainant $30,000 as general damages. 

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Employment - other  

Revised terms and conditions  

Compensation  

Reference  

Statement of service 

Amount $28,500
Year

The complainant has cancer, which required surgery and radiation therapy, and a work-related arm injury. She worked as an administrative officer with the respondent community organisation and alleged the operations manager ignored her, took away her work mobile phone and reduced her tasks. She alleged she was made redundant following a period of leave to undertake cancer treatment. 

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

The complaint was resolved with an agreement that the organisation re-employ the complainant on the same terms and conditions under which she was previously employed. The organisation undertook to actively pursue redeployment opportunities within the organisation and to meet with the complainant each week to discuss any redeployment opportunities or applications. It was agreed that if the complainant is unable to be redeployed, she will be made redundant. If this occurred, the organisation would pay her approximately $4,600 ex-gratia, $18,240 as a severance payment, $5,700 in lieu of notice and any accrued entitlements.   

Act Disability Discrimination Act
Grounds Disability
Areas Goods, services and facilities
Outcome details

Apology

Policy change/change in practice (external customers)

Training 

Year

The complainant is a lower-leg amputee and uses a prosthesis. He said that in the past, when travelling through an airport, he has advised security staff that his prosthesis may trigger alarms when scanned and officers have scanned him using a handheld wand, conducting visual inspections of metal zippers, buttons and rivets if required. He alleged that when travelling through the respondent airport, the security officer used a handheld wand as usual but then informed him that he would have to inspect his groin area due to anomalies. The complainant said he agreed to the procedure because he did not understand the officer intended to conduct a pat-down search in public. The complainant claimed he found the process very distressing.  

The airport said that passengers must pass through walk-through metal detectors as part of its primary security screening process and that, if an alarm is triggered, must undergo a secondary security screening process involving a handheld metal detector and possibly a pat-down search.  

The complaint was resolved. The airport apologised to the complainant for his experience and undertook to deliver refresher training for security screening staff on improved communication and how to sensitively assist passengers with disability. The airport invited the complainant’s advocate to talk to security screening staff about the experiences of amputees undergoing the security screening process. The airport also agreed to review its website to improve the information available to passengers with disability requiring alternative security screening processes. The airport advised it implemented a ‘Hidden Disabilities lanyard’, a program to make it easier for passengers to discreetly inform security screening staff of their need for an alternative security screening process and to prompt staff to provide such alternatives and sensitive communication. The airport undertook to discuss the issues raised by this complaint at the next meeting of a working group of airports and security contractors, to which it belonged, to discuss learnings and try to ensure consistency across all airports.  

Act Disability Discrimination Act
Grounds Disability
Unlawful to contravene Disability Standards
Areas Disability Standards
Education
Outcome details

Compensation

Amount $50,000
Year

The complainant is 15 years of age and attended the respondent private high school. The complainant has down syndrome, hypothyroidism, anxiety, scoliosis, verbal dyspraxia and sensory processing difficulties. Her psychologist said her disability manifested as a habit of spitting when frustrated, embarrassed or annoyed. The complainant claimed she was not provided reasonable adjustments in accordance with her Independent Education Plan and that her enrolment was ended after a number of occasions when she spat on teachers and students. 

The school confirmed it ended the complainant’s enrolment because of her spitting behaviour, which was considered to be deliberate and not a manifestation of her disability. The school said the behaviour was causing ongoing distress to teachers and other students and impacting negatively on student and staff wellbeing. 

The complaint was resolved with an agreement that the school pay the complainant $50,000. 

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Adjustments provided 

Policy change/Change in practice (internal staff)  

Anti discrimination/EEO training introduced 

Year

The complainant has multiple chemical sensitivity syndrome and is employed in an administrative role with the respondent government department. She alleged the department did not direct her colleagues to avoid wearing scents, did not allow her to purchase products to remove lingering scents, did not let her block vents near her workspace and did not permit her to relocate to a different workplace.



The government department denied discriminating against the complainant, but agreed to participate in conciliation to try to resolve the complaint. 



The complaint was resolved with an agreement that the department ask the complainant’s colleagues to avoid wearing scents and to be considerate of her disability. The department also agreed to remove rubber mats and air fresheners from its vehicles and to allow the complainant to relocate to a workplace that helps her better manager her disability. The department undertook to commission training on disability awareness, including multiple chemical sensitivity syndrome, to be delivered to all staff.