Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rainsford v Victoria [2007] FCA 1059
DISABILITY DISCRIMINATION – prisoner with back injury – prisoner transferred between prisons and placed in management cell – whether transport and accommodation aggravated condition – whether failure to provide adequate exercise facilities aggravated condition – whether a 'service' provided – whether applicant required to comply with a requirement or condition – whether applicant could comply with requirement or condition Held: Applicant did not prove that respondents aggravated his condition. Transportation of prisoners and cell allocation are not services provided by a prison to prisoners. No requirement or condition that the applicant was unable to comply with. Disability Discrimination Act 1992 (Cth), ss 4, 6, 24, 122 Corrections Act 1986 (Vic), ss 4, 8A, 21, Human Rights and Equal Opportunity Commission Act 1986 (Cth) Corrections Regulations 1998 (Vic), regs 22, 44 Rainsford v Victoria [2001] FMCA 115, cited Rainsford v Victoria (2004) 184 FLR 110, cited Rainsford v Victoria (2005) 144 FCR 279, considered IW v City of Perth (1997) 191 CLR 1, considered Farah v Commissioner of Police of the Metropolis [1998] QB 65, doubted Waters v Public Transport Corporation (1991) 173 CLR 349, cited Secretary of the Department of Justice and Industrial Relations v Anti-Discrimination Commissioner (2003) 11 Tas R 324, cited Hurst v Queensland (2006) 151 FCR 562, followed Hurst v Education Queensland [2005] FCA 405, cited Clarke v Catholic Education Office (2003) 202 ALR 340, cited JAMES ERNEST RAINSFORD v STATE OF VICTORIA AND GSL CUSTODIAL SERVICES PTY LTD VID 29 OF 2006
SUNDBERG J
19 JULY 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 29 OF 2006
BETWEEN: JAMES ERNEST RAINSFORD
Applicant
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