Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre (No 2) [2024] FCA 113

Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre (No 2) [2024] FCA 113

Although the applicant had a disability whose manifestation was an inability to wear a face mask, the respondent's staff did not treat him less favourably because of that disability; they asked for evidence because he was not wearing a mask. The request for medical exemption information was for the non-discriminatory purpose of confirming that the public health direction exemption applied. Any requirement to provide evidence of exemption was a general requirement, did not disadvantage persons with the applicant's disability, and was reasonable in the circumstances. Disability discrimination contrary to s 24 of the Disability Discrimination Act 1992 (Cth) was not proved.

Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Proceeding Under the Australian Human Rights Commission Act 1986 (cth) Alleging Disability Discrimination Contrary to S 24 of the Disability Discrimination Act 1992 (cth) / Final Hearing; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['disability Discrimination' 'goods, Services and Facilities' 'covid 19 Public Health Directions' 'face Mask Exemption' 'direct Discrimination' 'indirect Discrimination' 'request for Disability Information' 'vicarious Liability']
['human Rights' 'discrimination Law'] ['disability Discrimination' 'goods, Services and Facilities' 'covid 19 Public Health Directions' 'face Mask Exemption' 'direct Discrimination' 'indirect Discrimination' 'request for Disability Information' 'vicarious Liability']

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Procedural Posture

Proceeding Under the Australian Human Rights Commission Act 1986 (cth) Alleging Disability Discrimination Contrary to S 24 of the Disability Discrimination Act 1992 (cth) / Final Hearing; Application Dismissed

Legal Issues

  1. 1 ["Whether the respondent's staff directly discriminated against the applicant on the ground of disability by requesting evidence of a medical exemption and refusing entry when he was not wearing a face mask." "Whether the respondent's staff indirectly discriminated against the applicant by imposing a requirement to provide evidence of a medical exemption before entering without a face mask." "Whether requesting information about the applicant's medical exemption was unlawful under s 30 of the Disability Discrimination Act 1992 (Cth)." 'Whether, if discrimination were proved, compensation should be awarded and in what amount.']

Ratio Decidendi

Although the applicant had a disability whose manifestation was an inability to wear a face mask, the respondent's staff did not treat him less favourably because of that disability; they asked for evidence because he was not wearing a mask. The request for medical exemption information was for the non-discriminatory purpose of confirming that the public health direction exemption applied. Any requirement to provide evidence of exemption was a general requirement, did not disadvantage persons with the applicant's disability, and was reasonable in the circumstances. Disability discrimination contrary to s 24 of the Disability Discrimination Act 1992 (Cth) was not proved.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of and incidental to the proceedings, including reserved costs, to be fixed in a lump sum by a Registrar, if not agreed."]