Sluggett v Human Rights & Equal Opportunity Commission [2002] FCA 987

Sluggett v Human Rights & Equal Opportunity Commission [2002] FCA 987

The Court held that the Commissioner properly found that the University did not indirectly discriminate against the applicant regarding provision of means of access, as she was able to comply with any reasonable requirements to attend relevant parts of the campus using available facilities and alternative routes. The applicant did not make out reviewable error on the 'no evidence' ground, failure to consider relevant circumstances, or misapplication of 'unjustifiable hardship'; the University had no power over the structure or access provision at the Health Service premises. The application was dismissed.

Parties
Applicant: Chandrakanti Sluggett; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: Flinders University of South Australia
Jurisdiction
Australia
Judgment Date
09 August 2002
Procedural Posture
Administrative Law Application for Judicial Review / Judgment on Application for Order of Review
Outcome
application dismissed
Legal Topics
Disability Discrimination in Provision of Access to Premises, Judicial Review – Findings of Fact/no Evidence, Interpretation of 'requirement or Condition' in Indirect Discrimination, Application and Construction of Ss 6 and 23 of Disability Discrimination Act 1992 (cth), Role of 'unjustifiable Hardship' Under S 23(2)
Disability Discrimination Law Administrative Law Disability Discrimination in Provision of Access to Premises Judicial Review – Findings of Fact/no Evidence Interpretation of 'requirement or Condition' in Indirect Discrimination Application and Construction of Ss 6 and 23 of Disability Discrimination Act 1992 (cth) Role of 'unjustifiable Hardship' Under S 23(2)

Case Brief

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Parties

Chandrakanti Sluggett

Applicant

Human Rights and Equal Opportunity Commission

First Respondent

Flinders University of South Australia

Second Respondent

Procedural Posture

Administrative Law Application for Judicial Review / Judgment on Application for Order of Review

Legal Issues

  1. 1 Whether the University indirectly discriminated against the applicant in relation to provision of means of access to premises contrary to ss 6 and 23(1)(c) Disability Discrimination Act 1992 (Cth)
  2. 2 Whether findings of fact were not reasonably open or unsupported by evidence
  3. 3 Whether 'unjustifiable hardship' defence under s 23(2) was misapplied or affected outcome

Ratio Decidendi

The Court held that the Commissioner properly found that the University did not indirectly discriminate against the applicant regarding provision of means of access, as she was able to comply with any reasonable requirements to attend relevant parts of the campus using available facilities and alternative routes. The applicant did not make out reviewable error on the 'no evidence' ground, failure to consider relevant circumstances, or misapplication of 'unjustifiable hardship'; the University had no power over the structure or access provision at the Health Service premises. The application was dismissed.

Court Disposition

application dismissed

Orders

  • The application be dismissed.