Administration of Commonwealth laws and programs: selected summaries of conciliated outcomes

Updated October 2009. For more recent outcomes please refer to the Commission's conciliation register

Interpreting for training program

A man who is Deaf and is eligible for training funded through a Commonwealth Government program complained that interpreting costs were not included in the support provided. The complaint was resolved when the Commonwealth Department concerned agreed to provide funding for an Auslan interpreter up to the value of $5000 and to meet with a peak disability body to discuss issues concerning accessibility of the Department's programs.

Inclusion in jury duty

A woman who uses a walking frame complained that when she reported for jury duty, she was discharged because of a belief by the bailiff that she would slow other jury members down in getting to lunch. The complaint was settled with an agreement to arrange staff training in disability issues and a payment of $5000.

Accessible service provision

A man who has cancer complained that when he attended an office of a Commonwealth service provision agency and asked what arrangements could be made for him not to have to stand in a long queue in order to be served, he was advised he had to stand like everyone else, which he could not do. The complaint was resolved when the agency apologised and advised that it was taking a series of measures to ensure non-discriminatory service provision including redesigning offices to make better provision for customers waiting to be served; designating customer liaison officers to assist elderly customers or customers with disabilities requiring particular service arrangements; and providing anti-discrimination training to all staff; as well as providing an increased range of alternatives to attending offices in person.

Assistance in using online services

A woman who has a learning disability complained that her access to online services from a Commonwealth Government service provision agency had been locked because she had disclosed her password to her husband so he could assist her. The complaint was resolved when the agency restored her online access.

 

Film captioning

A man who is deaf complained that government funding for film production was being provided without ensuring that films were captioned so as to benefit all Australians rather than only those able to hear. The complaint was resolved with the adoption and publication of a policy requiring all FFC financed productions to be captioned and captioning costs being included a a specific item within each funding contract.

 

Eligibility checks revised

A man who has a mental illness complained that he had been discriminated against in being required to confirm each fortnight his continuing eligibility to benefit from a Commonwealth program, which his illness made it difficult for him to do. The complaint was resolved when the administering agency modified its policy to permit an additional fortnight's flexibility in reporting requirements.

 

Access to government premises

A man who uses a wheelchair complained that his local branch of a Commonwealth Government agency was not accessible to him. The complaint was resolved with an agreement to install ramp access.

Access to Commonwealth program for vision impaired users

A man who is blind complained that he had been discriminated against because the forms required to access a Commonwealth program were not provided in an accessible format. The complaint was settled when, although the respondent maintained that it was unable to provide forms which were independently accessible, it was agreed that assistance with forms would be provided and publicised and the complainant would be compensated for losses suffered through inability to access the forms. (2004)

Forms in accessible form

A woman who is blind complained that the online version of a form required to be filled out in connection with a Commonwealth program was not accessible so that unlike people who could see she would need to attend the agency's offices to get assistance. The matter was settled when the respondent agency advised that it would prioritise developing a new online customer account system which would provide independent access including for blind users. (2004)

Access to government information

A man who is blind complained that a government discussion paper had not been made available in Braille, and that when he requested a copy he was advised that one would be able to be provided only after the community consultation period had finished. The complaint was settled with an agreement that the agency responsible would ensure that electronic versions in text or HTML format would be available at the same time as the less accessible PDF format; and would review its Disability Action Plan including in relation to ensuring that planning of publications included planning for timely publication in accessible formats. (2004)

Interpreter access in government service provision

A woman who is deaf complained that she was discriminated against in provision of services by a Commonwealth government agency in that she had to wait long periods to obtain appointments and the cost of an interpreter was not always covered by the agency. The complaint was settled when the agency agreed to ensure a maximum 3 day wait for appointments with an interpreter provided, and to regular meetings with a deafness organisation to monitor issues in service provision. (2004)

Access to government information

A man with a vision impairment complained that a Commonwealth Government agency did not provide him with information in an accessible format. The complaint was settled when the agency advised that provision of information in a customer's preferred format would be incorporated in an overhaul of its computer system. (2003)

TTY access to Commonwealth services

A woman who has a hearing impairment complained that she was unable to have non-discriminatory access to services from a major Commonwealth government agency because TTY telephone access was regularly unavailable. The matter was settled when the agency advised that it was acting to improve TTY access by working with its telecommunications service provider to provide TTY access through staff computers rather than only through a small number of dedicated TTY machines; and implementing systems to filter out non-TTY calls which had been clogging access to TTY numbers. (2003)

Census accessibility for blind person

A woman who is blind complained that she had not been provided with non-discriminatory access to the 2001 Census process. She received information in the mail about the 2001 census, which she was unable to read. She contacted the relevant authority to enquire as to whether she would be able to complete her census form on line. Initially it appeared that she could but then she was advised that the online form that was being developed was not compatible with a Jaws Screen reader. The complainant declined an offer to have an officer come to her home to take down the Census information and she used a family member who was not a member of her household. The complainant lodged the complaint because she wanted an assurance that the trials of the 2006 census form would commence in plenty of time for technical problems to be identified and solved.

The complaint was resolved when the respondent provided a commitment that the 2006 census form would comply with the W3C web accessibility guidelines, other than guidelines 5.1 and 5.2 and that a dedicated section covering accessibility issues would be included in the On Line Action Plan, which is currently being drafted. The respondent encountered technical difficulties in complying with standards 5.1 and 5.2 regarding the accessibility of tables but gave an undertaking that it would attempt to find a technical solution. The respondent noted that the issues the complainant had raised regarding website accessibility had been addressed. The complainant agreed to participate in the pre 2006 census trial of the online census form.(2003)

Employment agency access

A man who has a back injury and uses a mobility aid complained that a job placement agency was not accessible to him. One entrance had stairs and no handrail. The other entrance had a door which he could not open. The complaint was settled with an agreement to install a new bell system and staff arrangements to deal with the door difficulties and with upgrading of the other entrance to provide ramp access. (2001)

Access to taxes

A blind businesswoman complained that the online version of the Business Activity Statement (BAS) which she is required to complete for tax purposes is not accessible to screen reader software. At a conciliation conference the Tax Office acknowledged that its online BAS was not compatible with screen reading software but stated that for technical reasons, it was not possible to make it so at this point in time. It undertook to work with the complainant to develop and test an e-mail version of the BAS and also a web-based version, both of which would be compatible with screen reading software. The ATO also agreed to pay compensation. (2001)

Access to consumer information

A woman with a vision impairment complained that information provided by a Commonwealth Government agency on implementation of the Goods and Services Tax had not been made available in Braille. The complaint was withdrawn when, after discussions with HREOC, a Braille version was made available (October 2000).

Communications access to Commonwealth program

A woman who is deaf complained that she had been discriminated against by a Commonwealth Department in the provision made by it for communication with deaf people. The matter was settled without admission of liability with an agreement by the agency responsible for the services and programs concerned to take measures including

• instructing all staff regarding use of and access to TTY phones
• providing information to staff regarding the National TTY Relay service
• reviewing its stationery to ensure that TTY information was included in contact details (1998).

Voice tape of discussion paper provided

A man who cannot read or write because of brain damage complained that he was being discriminated against when a Commonwealth government department refused to provide him with a policy discussion paper in voice tape format. Although it had been prepared to provide the paper electronically the man was not able to use this form. The matter was settled when the department apologised, advised that the document should and could have been provided in the form requested in the first instance, and arranged for a tape to be made (1998).

Polling place access

A man who uses a wheelchair complained that he had been discriminated against by lack of provision of access to the polling place in his town  for the 1993 Federal election.  The complaint was conciliated on the basis that the Australian Electoral Commission would investigate accessible venues for the next election (1993).

In a more recent case, a man who uses an electric wheelchair complained that schools used as polling places did not provide independent or safe access. The complaint was settled when the Australian Electoral Commission undertook to raise the issue of school accessibility with the education department concerned, which advised it was implementing a staged program of upgrading access (although the scale of the task in relation to resources provided by government meant it would take many years to achieve access across all venues).(2001)