Waters v Public Transport Corp [1991] HCA 49

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Waters v Public Transport Corp [1991] HCA 49

ORDER Appeal allowed. Application for special leave to cross-appeal refused. Set aside the order of the Supreme Court of Victoria allowing the appeal to that Court and dismissing the complaints. In lieu thereof, order that the matter be remitted to the Equal Opportunity Board to determine in accordance with s. 17(5)(c) of the Equal Opportunity Act 1984 Vict. whether the requirements or conditions involved in the introduction of scratch tickets and removal of conductors from trams are reasonable and to determine the complaints accordingly.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 3 Mason C.J. and Gaudron J.

The appellants are nine individuals ("the complainants") who lodged complaints under s. 44 of the Equal Opportunity Act 1984 Vict. ("the Act") and twenty-nine community organizations representing the interests of disabled persons, which organizations made allegations of discrimination that came to the attention of the Equal Opportunity Board ("the Board") established by s. 8(1) of the Act. The respondent, the Public Transport Corporation ("the Corporation"), is responsible for the provision of public transport in the State of Victoria in accordance with and subject to the Transport Act 1983 Vict..

The complaints and the allegations of discrimination arose out of a direction by the Minister for Transport to introduce a number of changes to the public transport system. This appeal is concerned with two of those changes, namely, a new ticketing system for public transport and the removal of conductors from some trams. The new tickets, known as "scratch tickets", were to be purchased from retail shops and were to be validated by the traveller making a scratch mark in designated places to indicate the journey being undertaken.