Haraksin v Murrays Australia Limited (No 2) [2013] FCA 217

Haraksin v Murrays Australia Limited (No 2) [2013] FCA 217

The respondent unlawfully discriminated against the applicant on the ground of her disability by failing to make reasonable adjustments and refusing access to premises and services, contrary to ss 5, 23(a)-(c), and 24(a) of the Disability Discrimination Act 1992 (Cth), as it did not provide wheelchair accessible coaches or make arrangements for such access when requested by the applicant for travel between Sydney and Canberra in August 2009. The breach of the Disability Standards for Accessible Public Transport 2002 (Cth) was evidentiary of the discrimination but not itself a separate ground for relief. Relief was limited by the Court’s jurisdiction to the acts the subject of the...

Jurisdiction
Australia
Judgment Date
14 March 2013
Procedural Posture
Complaint of Unlawful Discrimination Under the Disability Discrimination Act 1992 (cth) and Application Under the Australian Human Rights Commission Act 1986 (cth) / Liability Judgment After Hearing; Directions for Final Orders
Outcome
Declaration that the respondent unlawfully discriminated against the applicant under ss 23 and 24 of the Disability Discrimination Act 1992 (Cth); orders for parties to file proposed declarations/orders, and for further submissions; form of relief limited to fixed route services between Sydney and Canberra.
Legal Topics
['disability Discrimination' 'access to Public Transport' 'reasonable Adjustments' 'direct Discrimination' 'application and Interpretation of Disability Standards for Accessible Public Transport']
['human Rights Law' 'anti Discrimination Law' 'administrative Law'] ['disability Discrimination' 'access to Public Transport' 'reasonable Adjustments' 'direct Discrimination' 'application and Interpretation of Disability Standards for Accessible Public Transport']

Case Brief

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Procedural Posture

Complaint of Unlawful Discrimination Under the Disability Discrimination Act 1992 (cth) and Application Under the Australian Human Rights Commission Act 1986 (cth) / Liability Judgment After Hearing; Directions for Final Orders

Legal Issues

  1. 1 ['Whether the respondent unlawfully discriminated against the applicant on the ground of disability by refusing to provide access to premises or services under ss 23 and 24 of the Disability Discrimination Act 1992 (Cth)' 'Whether the respondent failed to make reasonable adjustments as required by s 5(2) of the Disability Discrimination Act 1992 (Cth)' 'Whether the respondent breached the Disability Standards for Accessible Public Transport 2002 (Cth)' 'Whether relief could extend to breaches after complaint termination under the Australian Human Rights Commission Act 1986 (Cth)' 'Scope of the court’s power to make orders concerning charter as opposed to fixed-route services']

Ratio Decidendi

The respondent unlawfully discriminated against the applicant on the ground of her disability by failing to make reasonable adjustments and refusing access to premises and services, contrary to ss 5, 23(a)-(c), and 24(a) of the Disability Discrimination Act 1992 (Cth), as it did not provide wheelchair accessible coaches or make arrangements for such access when requested by the applicant for travel between Sydney and Canberra in August 2009. The breach of the Disability Standards for Accessible Public Transport 2002 (Cth) was evidentiary of the discrimination but not itself a separate ground for relief. Relief was limited by the Court’s jurisdiction to the acts the subject of the...

Court Disposition

Declaration that the respondent unlawfully discriminated against the applicant under ss 23 and 24 of the Disability Discrimination Act 1992 (Cth); orders for parties to file proposed declarations/orders, and for further submissions; form of relief limited to fixed route services between Sydney and Canberra.

Orders

  • ['Within 7 days, the parties are to file short minutes setting out the declarations and orders (including in relation to costs) that they submit are appropriate in light of the reasons.' "The proceeding be listed for further submissions in relation to the parties' proposed declarations and orders on a date to be...