Forest v Queensland Health [2007] FCA 936

FEDERAL COURT OF AUSTRALIA

Forest v Queensland Health [2007] FCA 936

DISCRIMINATION LAW – disability discrimination – personality disorder – applicant accompanied by "assistance animal" – refused entry to respondent's premises – s 6 and s 9 Disability Discrimination Act 1992 (Cth) – whether indirect discrimination – nature of "requirement or condition" imposed by the respondent - whether "requirement or condition" imposed by the respondent reasonable – whether animal is a s 9(1)(f) assistance animal – meaning of "animal trained to assist the aggrieved person to alleviate the effect of the disability" – meaning of "trained" – nature of applicant's disability – whether presence of animal alleviates the effect of the disability – whether applicant treated less favourably because he was accompanied by an assistance animal

DISCRIMINATION LAW – whether discrimination in access to premises – whether discrimination in provision of goods, services or facilities – respondent operates acute health care facilities – whether unjustifiable hardship

Held: Respondent discriminated against the applicant in breach of s 6 and s 9 Disability Discrimination Act 1992 (Cth). Requirement or condition that the applicant not attend the respondent's hospital and community health centre with an animal, unless the animal is a guide dog or a hearing dog or unless the animal has been assessed by the respondent as having training and hygiene standards acceptable to the respondent not reasonable in the circumstances. The applicant's animal is a s 9(1)(f) assistance animal trained to assist to alleviate the effect of the applicant's schizo-typal personality disorder. Respondent has breached ss 23(1)(a), 23(1)(b), 24(1)(a) and 24(1)(b) Disability Discrimination Act 1992 (Cth) in refusing to allow the applicant to access its premises accompanied by his assistance animal and refusing to provide services to applicant while accompanied by his assistance animal. Unjustifiable hardship not made out.