Hurst v State of Queensland [2006] FCAFC 100

FEDERAL COURT OF AUSTRALIA

Hurst v State of Queensland [2006] FCAFC 100 DISCRIMINATION LAW – "requirement or condition" that hearing impaired child be taught in English rather than Auslan, a native Australian sign language – whether ability to "cope" without Auslan assistance meant that child was "able to comply" with "requirement or condition", pursuant to s 6(c) of the Disability Discrimination Act 1992 (Cth) – whether child would suffer "serious disadvantage" without Auslan assistance – whether suffering "serious disadvantage" meant child could not comply with "requirement or condition"

Held: (a) the primary judge erred in finding that an ability to "cope" without Auslan assistance meant that child was "able to comply" with "requirement or condition"; and (b) the evidence showed that child would suffer serious disadvantage without Auslan assistance, and therefore child "not able to comply" with "requirement or condition", pursuant to s 6(c) of the Disability Discrimination Act 1992 (Cth)

Disability Discrimination Act 1992 (Cth), ss 3, 5, 6, 12(8), 22 and 24 Human Rights and Equal Opportunity Commission Act 1986 (Cth), s 46PO(3) Access for All Alliance (Harvey Bay) v Harvey Bay City Council [2004] FMCA 915 cited Australia Iron and Steel Pty Ltd v Banovic and Others (1989) 168 CLR 165 referred to Bogle v Metropolitan Health Service Board (2000) EOC ¶93-069 cited Byham v Preston City Council (1991) EOC ¶92-377 discussed Catholic Education Office v Clarke (2004) 138 FCR 121 followed Charles v Fuji Xerox Australia Pty Ltd (2000) 105 FCR 573 referred to Clarke v Catholic Education Office (2003) 202 ALR 340 followed Mandla v Dowell Lee [1983] 2 AC 548 discussed Sluggett v Human Rights and Equal Opportunity Commission (2002) 123 FCR 561 discussed Styles v Secretary of the Department of Foreign Affairs (1988) 84 ALR 408 cited Travers v New South Wales [2000] FCA 1565 cited Waters v Public Transport Corporation(1991) 173 CLR 349 discussed Woods v Wollongong City Council (1993) EOC ¶92-486 discussed