Case Studies

Conciliated outcomes - disability access

A man alleged discrimination on the basis of impairment when he found he no longer had access to a ramp for his wheelchair. The ramp had been replaced with a staircase as part of a re-development. As a result, he could no longer use the thoroughfare and had to go a considerable distance to use the alternative, accessible route. He said that removal of the ramp had occurred without public consultation and was unacceptable. He proposed that the steps be replaced with a ramp or lift.

The developers and the council responsible for the re-development highlighted difficulties in implementing and maintaining an accessible route at that location. As the road had been widened, the footpath area was too narrow for a ramp, and a lift would have been expensive to install and maintain, and would also be subject to vandalism. A further difficulty was that the area was heritage listed.

Ultimately the complainant accepted the difficulties in relation to the specific site, while the respondents accepted his concerns in relation to the process and outcome of the redevelopment.

The complaint was resolved on the basis that the developer:

• paid $20,000 to a disability advocate organisation, to develop disability awareness resources
• will take specific steps to ensure their projects comply with relevant Australian Standards relating to disability access
• will promote the issue of disability access within relevant industry groups
• will report to the complainant on an annual basis for 3 years about the progress in implementing these terms.

The Council agreed to:

• involve the complainant in addressing other access concerns
• continue to implement its non discriminatory access code
• review the code and its implementation and submit a summary of the review to the complainant
• provide the complainant an opportunity to input into proposed mobility studies.

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Improved disability access to rides and attractions at a theme park was sought by a complainant in a wheelchair. In addition, concerns were raised regarding the treatment she received from certain staff of the park, which she believed was a result of her impairment.

Through conciliation, an agreement was reached. It involved the company agreeing to seek advice from a disability advocate regarding improved access to the park generally, as well as to certain attractions.

Further, the complainant was invited by the company to speak directly with staff of the park about her experiences in a wheelchair, to increase their awareness of disability issues.

It was agreed that the complainant and her family be provided with accommodation whilst attending these sessions. As a gesture of goodwill the company also offered a twelve month pass to the complainant and her family.

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