Conciliation Register
| Act |
Disability Discrimination Act |
| Grounds |
Disability |
| Areas |
Accommodation Goods, services and facilities |
| Outcome details |
Other |
| Year |
The complainant’s son is eight years of age and has Attention Deficit Hyperactivity Disorder, learning difficulties and sensory processing difficulties. The complainant alleged the respondent government public housing provider placed her and her son in unsuitable accommodation. In particular, she claimed the home was too crowded and did not offer enough space to set up occupational therapy equipment needed to manage her son’s disability.
On being notified of the complaint, the public housing provider indicated a willingness to participate in conciliation to try to resolve the complaint.
The complaint was resolved with an agreement that the complainant enter a lease for a larger home and receive $2,000 credit into their rental account.
| Act |
Sex Discrimination Act |
| Grounds |
Sexual harassment Sexual orientation |
| Areas |
Employment |
| Outcome details |
Compensation Statement of service |
| Amount | $10,045 |
| Year |
The complainant is gay. She was employed for three months with the respondent sports governing body. The complainant alleged that a colleague made comments about gay women which made her uncomfortable in the workplace including that playing the sport “will make you gay”, that gay women are more likely to have psychological issues and display predatory behaviours and that he would prefer that his children not be gay. The complainant also alleged another colleague made a comment of a sexual nature about a female celebrity and told her he did not want to be in a relationship because he “liked lots of girls”, which make the complainant uncomfortable. The complainant said she resigned and reported her concerns internally.
On being advised of the complaint the sport governing body indicated a willingness to try to resolve the matter through conciliation.
The complaint was resolved with an agreement that the sport governing body pay the complainant approximately $10,000 less applicable tax (the equivalent of 8 weeks' pay) and provide her with a statement of service.
| Act |
Disability Discrimination Act |
| Grounds |
Disability |
| Areas |
Access to premises Goods, services and facilities |
| Outcome details |
Policy change/Change in practice |
| Year |
The complainant has osteoarthritis and uses lifts to accommodate resulting mobility difficulties. She alleged lifts at the respondent shopping centre were unavailable for an extended period, restricting her access to services on different levels.
On being notified of the complaint, the shopping centre indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with undertakings by the shopping centre to:
- Meet with the complainant to discuss her concerns
- Review its processes relating to regular monitoring of lifts, signage and customer feedback
- Source spare lift parts from different suppliers as appropriate and negotiate regular timely maintenance of the lifts with the current supplier
- Commission an independent review of the lifts.
| Act |
Disability Discrimination Act |
| Grounds |
Disability |
| Areas |
Goods, services and facilities |
| Outcome details |
Compensation |
| Amount | $1,500 |
| Year |
The complainant has a lung disease and believed she would be eligible for an exemption from mask-wearing requirements imposed in response to COVID-19. She said she felt breathless when attending the respondent bank and so pulled her mask below her chin. She alleged a bank attendant and the branch manager insisted the mask must cover her nose and mouth.
On being notified of the complaint the bank indicated a willingness to attempt to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the bank pay the complainant $1,500.
| Act |
Racial Discrimination Act |
| Grounds |
Ethnic origin Race |
| Areas |
Goods, services and facilities |
| Outcome details |
Apology - Private Financial compensation Training – Named individuals to undertake anti-discrimination/EEO training |
| Amount | $300 |
| Year |
The complainant is Vietnamese and attended an outlet of the respondent telecommunications retailer. He alleged he was refused an advertised concession discount and his concession card was not accepted because of his race. He alleged customers who were not Vietnamese received more favourable treatment.
The telecommunications retailer advised the complainant could not be offered the discount retrospectively.
The complaint was resolved with an agreement that the telecommunications retailer deliver training to the staff involved and write to the complainant apologising for his in-store experience. The retailer also offered he complainant approximately $300 in credit, an amount equivalent to the discount he was seeking.
| Act |
Sex Discrimination Act |
| Grounds |
Sexual harassment Victimisation |
| Areas |
Employment |
| Outcome details |
Compensation |
| Amount | $35,000 |
| Year |
The complainant was employed in a human resources role with the respondent property management company. She advised she was in a consensual romantic relationship with a manager that began before she was employed with the company and ended during her employment. The complainant alleged that after the end of the relationship, the manager sexually harassed her, including by sending her text messages about the women he would like to ‘f**k’ and telling her she should provide access as ‘every man likes pussy’. The complainant advised she was moved to a different reporting line after raising concerns about the manager’s conduct with senior management. She alleged the manager then told her she was not allowed to come into the office and her employment was terminated.
On being notified on the complaint, the respondent indicated a willingness to attempt to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the respondents pay the complainant $35,000.
| Act |
Sex Discrimination Act |
| Grounds |
Gender identity |
| Areas |
Goods, services and facilities |
| Outcome details |
Apology - Private |
| Year |
The complainant is a transgender woman. She alleged that a staff member of the respondent supermarket told her she was not a woman and laughed at her for wearing a dress.
On being advised of the complaint, the supermarket indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the supermarket apologise to the complainant for the events giving rise to the complaint and take the opportunity to remind staff of their obligations to treat all customers with dignity and respect.
| Act |
Sex Discrimination Act |
| Grounds |
Sex |
| Areas |
Employment |
| Outcome details |
Revised terms and conditions |
| Year |
The complainant worked for a community organisation and alleged that a volunteer stroked her arm and embraced her without her consent at a work event. She said she reported the incident to the organisation and the police. She said the organisation found that the volunteer had breached its Code of Conduct but allowed him to keep working with the organisation. She alleged the matter would have been handled differently if she had been a man.
The community organisation denied discriminating against the complainant but agreed to participate in conciliation.
The complaint was resolved. The community organisation undertook to educate staff on harassment, review its policies and procedures on responding to reports of harassment, and make clear announcements about any changes to policy or procedure. The organisation also undertook to take steps to improve the conduct of volunteers, including developing selection criteria for volunteers, updating the Code of Conduct for volunteers, properly briefing volunteers on their obligations under the Code of Conduct, and developing a process to addressed alleged breaches of the Code of Conduct by volunteers.
| Act |
Disability Discrimination Act |
| Grounds |
Disability |
| Areas |
Accommodation |
| Outcome details |
Revised terms and conditions |
| Year |
The complainant advised he has chronic mental health issues and lives in public housing. He alleged he was not allowed to keep a pet snake in his apartment while other residents were allowed to have pets.
The respondent public housing provider advised pets were not allowed in the complainant’s apartment unless an exemption had been granted.
The complaint was resolved with an agreement that the complainant would be granted an exemption allowing him to keep his snake so long as he provided assurances that he would keep the snake in a safe and secure manner.
| Act |
Disability Discrimination Act |
| Grounds |
Assistance animal Disability |
| Areas |
Accommodation Goods, services and facilities |
| Outcome details |
Statement of regret - public |
| Year |
The complainant has psychosocial disability, including post-traumatic stress disorder, anxiety and depression, and has an assistance dog. The complainant owned an apartment and alleged the body corporate did not recognise his dog as an assistance animal. He said the body corporate’s newsletter said only guide dogs would be permitted to access communal areas. The complainant alleged the on-site manager refused to give him access to the pool area to toilet his dog and said words to the effect that ‘there is no way that three-month old puny is a registered assistance dog’.
On being advised of the complaint the respondents indicated a willingness to participate in conciliation.
The complaint was resolved with an agreement that the body corporate express its regret for the events giving rise to the complaint at a meeting of the body corporate.
| Act |
Racial Discrimination Act |
| Grounds |
Colour Race Racial hatred |
| Areas |
Employment Racial hatred |
| Outcome details |
Compensation Anti-discrimination/EEO training revised Named individuals to undertake anti-discrimination/EEO Training Apology - private |
| Amount | $15,000 |
| Year |
The complainant is African and has dark skin. He alleged colleagues made offensive comments related to his race, including that he only looked good in a mask because of his flat nose, he was another colleague’s ‘black boy’, and the he only has a ‘big dick’ because he is black.
Upon being notified of the complaint, the respondents indicated a willingness to participate in conciliation to try to resolve the complaint.
The complaint was resolved with an agreement that the company pay the complainant $15,000. Two of the individual respondents agreed to write to the complainant apologising for their comments. The company undertook to review its anti-discrimination and bullying policies and require the individual respondents to undertake revised anti-discrimination training.
| Act |
Sex Discrimination Act |
| Grounds |
Sexual harassment |
| Areas |
Employment |
| Outcome details |
Compensation Statement of regret - private |
| Amount | $20,000 |
| Year |
The complainant was employed as a traffic controller with the respondent traffic management business. She alleged one of the managing directors sexually harassed her at a Christmas party by pulling her towards him and rubbing her body, and later sending her a text message and leaving a voicemail message asking, ‘where is my f**k?’. She also alleged other colleagues propositioned her for sex.
The respondents denied the allegations but indicated a willingness to participate in conciliation to try and resolve the complaint.
The complaint was resolved with an agreement that the company pay the complainant $20,000 as general damages and write to her expressing regret for the events giving rise to the complaint.
| Act |
Sex Discrimination Act |
| Grounds |
Sex |
| Areas |
Clubs/incorporated associations |
| Outcome details |
Club membership/benefits provided |
| Year |
The complainant is a woman and alleged the respondent bowls club did not admit women as full members.
The bowls club claimed that its constitution empowered and allowed its male-only committee to deny women full membership to the club.
The complaint was resolved with an agreement that the club accept the Complainant’s application for full membership and an acknowledgement by the club that women are entitled to full membership of the club.
| Act |
Sex Discrimination Act |
| Grounds |
Sexual harassment |
| Areas |
Accommodation |
| Outcome details |
Compensation |
| Amount | $15,000 |
| Year |
The respondent provided accommodation to the complainant, who was a distant relative from overseas. The complainant alleged the respondent sexually harassed her, including by making sexual comments, sending sexual text messages, showing her pornographic images and saying he would not have invited her to come live with him if he knew she would not have sex with him.
On being informed of the complaint, the respondent agreed to participate in conciliation.
The complaint was resolved with an agreement that the respondent pay the complainant $15,000 as general damages.
| Act |
Disability Discrimination Act |
| Grounds |
Disability Unlawful to contravene Disability Standards Victimisation |
| Areas |
Access to premises Disability Standards Goods, services and facilities |
| Outcome details |
Adjustments provided |
| Year |
The complainant has a neurological condition and paraplegia. He claimed the pool at the respondent gym, which he used for hydrotherapy, was not accessible and he had fallen as a result. He claimed he was offered a water-wheelchair but felt this was undignified and railings should be provided to allow safe access to the pool.
On being notified of the complaint, the gym indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an undertaking that access railings would be installed in the pool.