DDA Decline/termination decisions: clubs and associations

Decline/termination decisions: clubs and associations

Summaries of decisions by Disability Discrimination Commissioner or delegate to decline complaints, and of the President of HREOC or delegate reviewing such decisions; or (from 13 April 2000) decisions by the President or delegate to terminate complaints.

Last updated: April 2000. Compilation and release of these summaries beyond 13 April 2000 has not been authorised by the Commission

Arrangement of club functions at venues with access difficulties not unlawful

A person with a mobility disability complained that her social club (a club for people with vision impairments) had discriminated against her by arranging its Christmas function at a venue with steps, so that she could not enter and leave independently but had to seek assistance from venue staff, and by arranging an outing to a dam site with uneven ground where she had considerable difficulty moving around. The delegate of the President confirmed the Disability Discrimination Commissioner's decision to decline the complaint.

He noted that the question to decide was whether it was reasonable for the club to have arranged events at these two venues knowing that it would be difficult for its volunteer staff to render the complainant the assistance she would require at these venues. He found that it was reasonable in the circumstances. Regarding the Christmas function venue he took into account that the venue had been selected at a meeting of members of the club to meet the requirements arising from members' vision impairments, and that the complainant had in fact been able to enter the venue albeit with assistance. Regarding the outing to a dam site, he found that the roughness of paths around the site which hindered access for wheelchair users had been unexpected and that, while arranging a repeat visit once the condition of the paths was known may have been unreasonable, the one off outing to this site was not unreasonable in the circumstances (13 May 1998).

Unjustifiable hardship to require admission to association in view of history of conflict

A man complained that an association had discriminated against him by refusing him membership. Confirming a decision by the Disability Discrimination Commissioner, the President held that, although the man's disability was a reason for the association having treated him less favourably, the history of conflict on other grounds between the man and the association made it an unjustifiable hardship to require the association to admit him as a member (25 November 1996).

Not unlawful to fail to provide adjustment when need for adjustment not disclosed

A member of a co-operative complained that she had been discriminated against by a refusal to permit her financial adviser to attend the co-operative's Annual General Meeting. Her complaint indicated that she required her adviser's assistance because of her disability of chronic fatigue syndrome. The President upheld a decision by the Disability Discrimination Commissioner to decline the complaint. This was because there was no evidence that the complainant had advised the respondent of her disability and consequent need for assistance, or that the respondent should otherwise have been aware of her disability (6 September 1996).