Killeen v Combined Communications Network Pty Ltd [2011] FCA 27

Killeen v Combined Communications Network Pty Ltd [2011] FCA 27

Sections 1.11, 9.1 and 9.3 of the Disability Standards, in their application to accessible taxis, do not require an allocated space for a wheelchair to be a rectangular prism without any encroachments; the ground-level clear space must be at least 800 mm by 1300 mm, and minimum head room applies only in relevant vertical planes through which the occupant's head and shoulders pass during entry and to the point of final position. Encroachments are permitted above the ground-level area, provided they do not impede use or require lowering the head or changing normal posture during access and positioning.

Jurisdiction
Australia
Judgment Date
31 January 2011
Procedural Posture
Judicial Review / Discrimination / Separate Question Ordered and Determined Before Trial
Outcome
Question determined; answered 'no'
Legal Topics
['disability Discrimination' 'statutory Interpretation' 'standards for Accessible Public Transport']
['discrimination Law' 'administrative Law'] ['disability Discrimination' 'statutory Interpretation' 'standards for Accessible Public Transport']

Case Brief

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Procedural Posture

Judicial Review / Discrimination / Separate Question Ordered and Determined Before Trial

Legal Issues

  1. 1 ['Proper construction of ss 1.11, 9.1 and 9.3 of the Disability Standards for Accessible Public Transport 2002 (Cth) as they apply to accessible taxis' 'Whether allocated spaces for wheelchairs must be rectangular prisms with no encroachments above clear floor area']

Ratio Decidendi

Sections 1.11, 9.1 and 9.3 of the Disability Standards, in their application to accessible taxis, do not require an allocated space for a wheelchair to be a rectangular prism without any encroachments; the ground-level clear space must be at least 800 mm by 1300 mm, and minimum head room applies only in relevant vertical planes through which the occupant's head and shoulders pass during entry and to the point of final position. Encroachments are permitted above the ground-level area, provided they do not impede use or require lowering the head or changing normal posture during access and positioning.

Court Disposition

Question determined; answered 'no'

Orders

  • ['The proceedings be listed for further directions on 28 February 2011 at 9:30 a.m.']