Sluggett v Human Rights & Equal Opportunity Commission [2002] FCA 987

FEDERAL COURT OF AUSTRALIA

Sluggett v Human Rights & Equal Opportunity Commission [2002] FCA 987

DISABILITY DISCRIMINATION – administrative law – no evidence – findings not reasonably open on the evidence – failure to consider all the evidence – taking into account irrelevant considerations – application of ss 6 and 23(1)(c) the Disability Discrimination Act 1992 (Cth) – only a person with capacity to alter means of access is subject to s 23(1)(c) – matters in s 23(2) not an element of but a defence to discrimination within s 23(1)(c) (and only within that sub-paragraph) – whether Commission erred in not finding indirect discrimination in relation to the provision of means of access to premises – applicant suffering from post polio syndrome WORDS AND PHRASES – "does not or is not able to comply" – "requirement or condition" – "the provision of means of access to such premises"

Disability Discrimination Act 1992 (Cth) ss 3, 4, 6, 11, 23 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Equal Opportunity Act 1984 (Vic) s 17(5) Equal Opportunity Act 1984 (WA)

Cooper v Human Rights and Equal Opportunity Commission (1999) 93 FCR 481 at 491 - 492 followed Vines v Djordjevitch (1955) 91 CLR 512 at 519 cited Waters v Public Transport Corporation (1991) 173 CLR 349 applied Mandla v Dowell Lee [1983] 2 AC 548 referred to Bogle v Metropolitan Health Service Board (2000) EOC 93-069 referred to Travers v State of New South Wales [2000] FCA 1565 at [17] referred to Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 at 258 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 353 cited

Macquarie Dictionary, 3rd ed CHANDRAKANTHI SLUGGETT v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and FLINDERS UNIVERSITY OF SOUTH AUSTRALIA S 92 OF 2000