Conciliation Register

The complainant’s daughter has depression and Attention Deficit and Hyperactivity Disorder and attended the respondent private high school. The complainant alleged the school discriminated against her daughter on the ground of her disability by excluding her from school camps and other activities and by not permitting her to return to school following a self-harm incident. The complainant had withdrawn her daughter from the school prior to lodging the complaint with the Commission.

The school denied discriminating against the complainant’s daughter but indicated a willingness to participate in conciliation.

The complaint was resolved with an agreement that the school write to the complainant expressing regret for the events giving rise to the complaint. The school also agreed to refund the complainant approximately $2,250 in fees and pay her $2,000 as general damages.

 

The complainant has Multiple Chemical Sensitivity Disorder and lives at the respondent aged care facility. She claimed the facility proposed to install vinyl flooring in the corridor outside her room, which would produce fumes that may aggravate her disability.

The aged care facility advised the vinyl flooring was being installed to help avoid falls by residents and engineers had advised fumes would be minimal.

The complaint was resolved with an agreement that the aged care facility would install alternative non-slip flooring outside the complainant’s room and two windows to improve ventilation.

The complainant’s wife has an assistance animal trained to alleviate the effects of her disability. The couple booked and paid for a four-day ticket to a national park. The complainant claimed that two days into their stay, a park ranger directed them to obtain a vest for the assistance animal or leave the park early.

On being advised of the complaint the relevant government agency indicated a willingness to try to resolve the complaint.

In response to the complaint, the government authority expressed regret for the events giving rise to the complaint and offered to conduct a review of its policies regarding the presence of pets in national parks. The agency also advised that, in response to the complaint, it had made available in the parks under its administration vests and harnesses for assistance animals, as well as temporary signage to educate other park goers about assistance animals. The complainant considered the steps taken by the agency resolved the complaint.

The complainant has bilateral trans-tibial (below-the-knee) amputations. He claimed ramps at the respondent café were temporarily blocked off and he slipped and nearly fell trying to access the café via steep stairs.

The café confirmed ramp access had been temporarily unavailable and indicated a willingness to participate in conciliation. 

The complaint was resolved. The café apologised to the complainant for his experience and reassured him ramp access to the café has been restored. The café advised that in response to the complaint, signage regarding accessible entrances has been installed and staff reminded of the need to inform patrons with disability about accessible entrances to the café.

The complainant has an ambulatory disability and is unable to safely walk on soft or uneven ground. He alleged he was unable to access a local bus stop because it was located on a grass slope. 

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

The complaint was resolved with an undertaking by the local council to seek approval to relocate the bus stop to a more evenly graded location on the same street and to place a cement slab between the footpath and kerb for commuters to stand on.

The complainant has limb-girdle muscular dystrophy and alleged she was unable to undergo a sleep study by the respondent medical specialist at the respondent hospital because her carer was unable to remain with her for the duration of the sleep study.

The hospital advised that sleep studies are conducted in small rooms in an old building that are not suitable to accommodate a carer. The specialist advised that, given the hospital’s inability to accommodate carers, he refers patients with complex needs to a larger hospital, approximately 200 Km away. 

The complaint was resolved with an agreement that the hospital offer the complainant the use of both sleep study rooms to enable her carer to remain with her during the sleep study. The hospital also agreed to review its Disability Action Plan. It was also agreed that, in consultation with the hospital, the specialist write to referring doctors advising that the hospital may accommodate patients with complex needs, pending an assessment of those needs. The specialist and the hospital also each agreed to pay the complainant $5,000.

The complainant has physical disability as a result of having had polio and uses a motorised wheelchair for mobility. He claimed he was unable to safely and independently exit his driveway because the kerb was not accessible. He alleged the respondent local council declined to provide an accessible travel path from his driveway to the kerb. 

The council advised it is the responsibility of a property owner to cover any costs relating to access from council property to the home.

The complaint was resolved with an undertaking by council to install a kerb-to-road ramp to provide access from the kerb to the complainant’s driveway. This ramp would remain council property.

The complainant’s 15-year-old daughter has a mild intellectual disability and severe language disorder and attends the respondent private high school. The complainant claimed the school had failed to make adjustments to assessments and day-to-day tasks to accommodate her daughter’s disability. She also claimed that some teachers were making inappropriate comments about her daughter’s disability and not allowing her to use the bathroom when required. The complainant also alleged that staff were not communicating appropriately with the family and this was having a negative impact on her child.

On being notified of the complaint, the school indicated a willingness to participate in conciliation. In response to the complaint, the school introduced policies and procedures for accommodating the needs of students with disability and delivered training to staff on their obligations towards students with disability. The school also met with the student’s family to discuss how best to accommodate her disability.

The complaint was resolved. In addition to steps already taken, both parties made undertakings regarding ongoing communication about the complainant’s daughter’s education and disability-related needs. The school also agreed to meet with the student’s family at least twice each school year to discuss her ongoing disability and learning needs.

The complainant’s 15-year-old son attended a public high school catering to students with disability with particular learning requirements. She alleged the school failed to provide adjustments to accommodate her son’s learning and behavioural needs. She also alleged the school failed to notify the authorities when her son went missing during a school camp, which she argued would have occurred if a child without disability went missing. The complainant’s mother had enrolled him at a different public school before lodging the complaint.

On being advised of the complaint, the relevant government department and the school agreed to participate in conciliation.

The complaint was resolved with an agreement that the department pay the complainant $10,000 and write to her acknowledging and expressing regret about her frustration and dissatisfaction with her son’s education at the school. The department also advised an investigation would be conducted into the school’s response to her son going missing during a school camp.

The complainant’s husband has a severe long-term lung disease and had polio and uses a walker and wheelchair for mobility. The complainant alleged her husband could not use the newly installed pool at the retirement village where they live because it was not accessible to people with significantly impaired mobility.

On being notified of the complaint, the retirement village indicated a willingness to try to resolve the complaint through conciliation.

The complaint was resolved with an undertaking that a hoist would be installed at the pool after a risk assessment was conducted.

The complainant’s five-year-old son has Autism Spectrum Disorder, anxiety, panic attacks and Attention Deficit Hyperactivity Disorder (ADHD). The complainant claimed his son’s school, the respondent private school, treated him less favourably because of behaviour associated with his disability, including by locking him out of the classroom, making him transfer sand from one end of the school to another and suspending him pending provision of medical clearance for him to return. The complainant claimed the school’s conduct aggravated his son’s behaviours. The school ultimately asked him to withdraw his son from the school on the basis that he would be expelled otherwise.

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

The complaint was resolved with an agreement that the school pay the complainant $12,000 and write to him expressing regret for the events giving rise to the complaint. The school also agreed to publish its policies on its website and to list all training and professional development undertaken by staff in its annual reports.

The complainant has a hearing impairment and requires the assistance of the National Relay Service (NRS) to communicate by telephone. He claimed that on one occasion when he contacted the respondent bank with the assistance of NRS, the bank refused to discuss his accounts with him, and that on another occasion, he was asked exhaustive security questions and questions about his disability. The complainant alleged the bank refused to assist him, froze his accounts and told him he would have to telephone the bank directly to resolve the matter.

The bank said that it has a number of security measures in place to protect its customers’ bank accounts against fraud by third parties. The bank claimed these processes did not subject customers who have a hearing impairment or are deaf to greater scrutiny than other customers using third parties to access accounts. The bank said staff received training on communicating with different services that may be used by its customers and on appropriate questioning of customers. The bank claimed that, as a result of the complaint, additional coaching and counselling meetings were held with relevant staff.

The complaint was resolved with an agreement that the bank apologise to the complainant for his experience, seek his feedback on how it could improve its services to him in the future and deposit $250 into his account to be donated to a charity of his choice.

The complainant’s son has cerebral palsy and sought to enter the respondent club with friends to celebrate his birthday. The complainant alleged the club denied her son entry because he was ‘a liability’.

On being advised of the complaint, the club indicated a willingness to participate in a conciliation process to try to resolve the complaint.

The complaint was resolved with an agreement that the club write to the complainant’s son apologising for the incident and reassuring him that patrons who use wheelchairs are welcome at the club. The club also undertook to improve its standard of customer service.

 

The complainant is 68 years of age and had been employed as a storeman at the respondent manufacturing company for 40 years. He had recently developed a back injury and claimed the company did not offer him light duties, retraining or redeployment. He alleged he was repeatedly asked when he would retire, was told "f**k off you're not going to [work for another five years]", and was accused of falling asleep at work. The complainant said the company terminated his employment because if formed the view he could not perform his role because of his injury.

The company claimed it discussed possible retirement with all staff, irrespective of age, for the purposes of succession planning. The company said the complainant fell asleep at work and this presented a health and safety risk to himself and others. The company advised that the complainant was away from work for over 12 months due to his injury and claimed the available medical evidence indicated he would be unable to perform the inherent requirements of his role because of his disability. The company claimed it was unable to identify adjustments or redeployment opportunities that could be offered to the complainant.

The complaint was resolved with an agreement that the company pay the complainant $55,000 less applicable tax and write to him thanking him for his significant contribution to the company and saying sorry that their recent interactions resulted in him not feeling valued.

The complainant’s son has an acquired brain injury, intellectual disability, autism, Opposition & Defiance Disorder and other impairments and attended the respondent public high school. The complainant alleged the school did not appropriately support her son, failed to develop or implement a behaviour support plan, refused her request for a teacher’s aide and suspended her son on several occasions without warning for behaviour associated with his disability. The complainant removed her son from the school before lodging the complaint with the Commission.

On being advised of the complaint, the School agreed to participate in conciliation to try to resolve the complaint.

The complaint was resolved. The school advised that, in response to the complaint, staff involved in some of the alleged events attended training on supporting students with disability and the school made improvements to procedures to ensure timely discussion of problems with parents. The school also undertook to improve processes for transitioning students with disability from primary to high school and to facilitate communication between parents of students with disability and teachers.