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DDA Decline/termination decisions: Public transport

Disability Disability Rights
Friday 14 December, 2012

Decline/termination
decisions: Public transport

Summaries
of decisions by Disability Discrimination Commissioner or delegate to
decline complaints, and of the President of HREOC or delegate reviewing
such decisions; or (from 13 April 2000) decisions by the President or
delegate to terminate complaints.

Last updated: April 2000. Compilation and release of these summaries beyond 13 April 2000 has not been authorised by the Commission

Inaccessible
station: adequate remedy

The
full decision of the Acting Disability Discrimination Commissioner on
the complaint by Ashfield Municipal Council regarding lack of access
to Summer Hill railway station
is available on this site, since this
complaint was investigated by a public inquiry process.

Requirement
to travel accompanied not unlawful given contradictory medical evidence

A
woman with epilepsy complained that an airline had discriminated against
her by requiring that she travel with an assistant before they would permit
her to travel on a long international flight. The delegate of the President
confirmed the decision of a delegate of the Disability Discrimination
Commissioner to decline the complaint. The delegate noted that the airline
had acted in accordance with a policy intended to ensure the safety of
passengers. It had based its decision on reports provided to it by the
complainant. These reports had been contradictory. The delegate concluded
that although in hindsight it might be argued that the restriction imposed
was unnecessary, he was satisfied that it did not constitute discrimination
(23 October 1997).

Airport
scanning and radiation on aircraft not unlawful discrimination

A
man complained that an airline's requirement that he be scanned by the
airport security scanner, and its refusal to create a radiation free zone
on the aircraft, constituted unlawful disability discrimination against
him. The President confirmed the decision of a delegate of the Disability
Discrimination Commissioner to decline this complaint. He held that to
exempt the man from scanning would impose an unjustifiable hardship on
the airline. After considering information from both major domestic airlines
and taking into account the draft Accessible Public Transport Standards,
he also decided that creation of a radiation free zone on aircraft would
impose unjustifiable hardship both in financial terms and regarding the
safe and effective operation of the air service (22 January 1997).

Withdrawal
of bus service not discriminatory

The
President's delegate decided, confirming a decision by the Disability
Discrimination Commissioner, that removal of a bus service previously
provided by a disability service provider did not constitute discrimination.
He noted that there was no duty under the DDA for the provider of a service
to continue to provide it. (8 February 1996).

Taxi
complaint adequately dealt with by Taxi Complaints Board

A
woman complained regarding verbal abuse by a multi purpose taxi driver
after she had complained about extensive delay in response to taxi bookings.
The Commissioner declined the complaint as already adequately dealt with
by the local Taxi Complaints Board, since a conviction had been recorded
against the driver and he had been fined (1995).

Reduction
in local train service not discriminatory

A
woman with a mobility disability complained that she had been discriminated
against by timetable changes which meant that fewer trains stopped at
her local station. The Commissioner declined the complaint. There was
no discrimination,  since the changes applied to and affected all
commuters in the area equally (1995).