Haraksin v Murrays Australia Limited (No 2) [2013] FCA 217

FEDERAL COURT OF AUSTRALIA

Haraksin v Murrays Australia Limited (No 2) [2013] FCA 217 Citation: Haraksin v Murrays Australia Limited (No 2) [2013] FCA 217

Parties: JULIA HARAKSIN v MURRAYS AUSTRALIA LTD (ACN 008 468 666)

File number: NSD 907 of 2010

Judge: NICHOLAS J

Date of judgment: 14 March 2013

Catchwords: HUMAN RIGHTS – where applicant suffers from disability and is reliant on wheelchair – where respondent operates fixed route coach service – where applicant sought to arrange coach travel with the respondent – where respondent refused to accept booking from applicant because its coaches were not wheelchair accessible – where applicant alleged both direct discrimination and indirect discrimination – whether respondent breached s 23 or s 24 of Disability Discrimination Act 1992 (Cth) (DD Act) – where finding of direct discrimination made – whether finding of indirect discrimination also open – whether respondent breached Disability Standards for Accessible Public Transport 2002 (Cth) (Standards) – whether respondent breached s 32 of the DD Act – whether Standards apply to respondent's charter services – meaning of "public transport service" as defined in Standards – availability of relief under s 46PO(4) of Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) – consideration of scope of complaint lodged under s 46PO(1) of AHRC Act – discretionary considerations

Legislation: Disability Discrimination Act 1992 (Cth) s 3, s 4(1), s 5, s 6, s 11, s 23, s 24, s 29A, s 31(1), s 32, s 34, s 125(1) Australian Human Rights Commission Act 1986 (Cth) s 3(1), s 46P, s 46PA, s 46PD, s 46PF, s 46PI, s46PH, s 46PJ, s 46PH, s 46PO(1)-(4) Disability Standards for Accessible Public Transport 2002 (Cth)