For Immediate Release January 16th 2012

Law Clipping the Wings of People with Disability

The Australian Federation of Disability Organisations (AFDO) has called for an overhaul of disability discrimination laws in light of Friday’s Federal Court ruling in King vs. Jetstar. The ruling found that while Jetstar had discriminated against Ms Sheila King, a wheelchair user, by not allowing her on a flight which already had two other wheelchair users, it had done so for reasons of unjustifiable hardship. Jetstar argued that a higher cap on the number of wheelchair users per flight would lead to longer turnaround times and ultimately, fewer flights.

“This result is a major setback for the rights of people with disabilities who live or travel in Australia,” said Lesley Hall, AFDO CEO. “Not only does it mean that you cannot have the same choice of airlines and flights as any other traveler, it highlights the problems which occur when people try to challenge this kind of injustice.”

Under the Commonwealth Disability Discrimination Act (DDA), the onus for bringing a complaint of disability discrimination before the Courts lies with individual people with disability no matter how broad the problem. Any individual who pursues a complaint to the Federal Court can pay up to $20,000 in costs if they lose the case – over a year’s income for someone on Disability Support Pension – even if, like Ms King, they are not making any claim for financial compensation.

“Ms. King was simply trying to resolve a problem that exists for anyone in a wheelchair who travels by plane in Australia, not for her own benefit,” said Ms. Hall. “Her claim was based on looking at what other countries have decided is reasonable. Many have been able to move beyond a policy of two wheelchair users per flight without causing a massive drop in profits or risking the safety of other passengers. A claim with this kind of potential public benefit should not have to be made by one individual bearing such high risk.”

AFDO has consistently called for the Australian government to overhaul the DDA to allow for systemic complaints on behalf of people with disability, and for the abolition of costs awarded against people with disabilities in disability discrimination cases.

“At present, the Federal government is reviewing all national discrimination laws with a view to combining them,” said Ms Hall. “One of the outcomes of that process has to be an easier, fairer system for people with disability to fight discrimination.”

Media contact: Leah Hobson, National Policy Officer 0430 210 980