Wood v Calvary Health Care ACT Ltd [2006] FCA 1433

FEDERAL COURT OF AUSTRALIA

Wood v Calvary Health Care ACT Ltd [2006] FCA 1433 HUMAN RIGHTS – disability discrimination in provision of services –- where disability constituted by drug addiction – where appellant requested to be treated at home for pneumonia as part of hospital's "Calvary at Home" program –– appeal from decision of Federal Magistrate - where Federal Magistrate found s 24 of the Disability Discrimination Act 1992 (Cth) did not apply because service not available – whether Federal Magistrate erred in finding that hospital had no service to provide – operation of ss 24 and 5 of the Act where service not available Disability Discrimination Act 1992 (Cth) ss 5, 24 IW v Perth and Others (1997) 191 CLR 1, discussed JUDITH WOOD v CALVARY HEALTH CARE ACT LIMITED ACD 18 OF 2005

MOORE J

7 NOVEMBER 2006

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 18 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: JUDITH WOOD

Appellant

AND: CALVARY HEALTH CARE ACT LTD

Respondent

JUDGE: MOORE J

DATE OF ORDER: 7 NOVEMBER 2006

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY REGISTRY ACD 18 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: JUDITH WOOD

Appellant

AND: CALVARY HEALTH CARE ACT LTD

Respondent

JUDGE: MOORE J

DATE: 7 NOVEMBER 2006

PLACE: CANBERRA

REASONS FOR JUDGMENT 1 The appellant had a history of intravenous drug use and was morphine dependent. In October 2002 she was suffering from pneumonia and sought treatment at the Calvary Hospital. The appellant claimed she asked to be treated at home and this was refused because of her history of intravenous drug use. This, the appellant claimed, involved conduct in contravention of the Disability Discrimination Act 1992 ("DD Act"). She said that the intravenous drug use was a disability and in refusing to provide the service of home treatment, the hospital discriminated against her because of that disability. She complained about the hospital's conduct to the Human Rights and Equal Opportunity Commission The complaint was terminated on the basis that it was unable to be resolved by conciliation, and the appellant then commenced proceedings in the Federal Magistrates Court. That application was dismissed with costs. The Federal Magistrate published his reasons on 16 June 2005: Wood v Calvary Hospital [2005] FMCA 799. The appellant appeals against the Federal Magistrate's decision.