Mcinnes -V- Roads & Traffic Authority Of N S W [1997] NSWEOT
The Tribunal found that the RTA, between 1982 and November 1992, imposed licence restrictions and conducted examinations on Mr. McInnes without proper regard to his individual driving ability, applying inflexible policy conditions to amputees which constituted both direct and indirect discrimination under ss. 49A, 49G, and 49K of the Anti-Discrimination Act 1977 (NSW).
- Jurisdiction
- Australia
- Judgment Date
- 24 July 1997
- Procedural Posture
- Discrimination Complaint / Final Judgment
- Outcome
- complaint substantiated, damages awarded
- Legal Topics
- ['disability Discrimination' 'drivers Licensing' 'public Authority Obligations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Discrimination Complaint / Final Judgment
Legal Issues
- 1 ["Whether the RTA discriminated against Mr. McInnes on the ground of his physical impairment in the terms and conditions imposed on his driver's licence; whether the RTA's policy amounted to direct or indirect discrimination under the Anti-Discrimination Act 1977 (NSW) ss. 49A, 49G, 49K; whether any statutory or regulatory defence applied to the RTA's conduct"]
Ratio Decidendi
The Tribunal found that the RTA, between 1982 and November 1992, imposed licence restrictions and conducted examinations on Mr. McInnes without proper regard to his individual driving ability, applying inflexible policy conditions to amputees which constituted both direct and indirect discrimination under ss. 49A, 49G, and 49K of the Anti-Discrimination Act 1977 (NSW).
Court Disposition
complaint substantiated, damages awarded
Orders
- ['The complainant is awarded damages in the sum of $6,000.00.']
Full Case Text
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