Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The State of Queensland (Queensland Health) v Che Forest [2008] FCAFC 96
DISCRIMINATION LAW – disability discrimination – respondent suffering psychiatric disability refused entry into health facility and hospital while accompanied by an "assistance animal" – appellant required respondent to obtain prior approval and satisfy it that the respondent's dogs were trained, safe and hygienic – whether indirect discrimination pursuant to s 6 of the Disability Discrimination Act 1992 (Cth) – consideration of requirements of s 6 and evidence necessary to meet requirements – consideration of whether requirement or condition imposed was unreasonable.
DISCRIMINATION LAW – disability discrimination – whether discrimination pursuant to s 9 of the Disability Discrimination Act 1992 (Cth) because respondent was accompanied by an assistance animal – consideration of meaning of "trained to assist the aggrieved person to alleviate the effect of the disability" – consideration of whether s 9 requires a finding that the discrimination is "on the ground of the person's disability" for the purposes of finding unlawful discrimination under ss 23 and 24 of the Disability Discrimination Act 1992 (Cth).
Disability Discrimination Act 1992 (Cth) ss 5, 6, 7, 8, 9, 10, 13, 14, 22, 23, 24, 25, 26, 27, 28, 29, 60, 61, 62, 78 Disability Discrimination Bill 1992 (Cth),Explanatory Memorandum
Australian Iron & Steel Pty Limited v Banovic (1989) 168 CLR 165 cited Coburn v Human Rights Commission [1994] 3 NZLR 323 cited Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 cited Craig, Williamson Pty Ltd v Barrowcliff [1915] VLR 450 cited Forbes v Australian Federal Police (Cth) [2004] FCAFC 95 discussed and followed Grovenor v Eldridge [2000] FCA 1574 cited IW v City of Perth (1997) 191 CLR 1 cited Purvis v New South Wales(2003) 217 CLR 92 discussed and followed Registrar of Titles (WA) v Franzon (1975) 132 CLR 611 cited
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