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2018-04-06

The complainant is an adult with Autism Spectrum Disorder and had been a client of the respondent bank for several years. He advised that he completed and signed documentation allowing his National Disability Insurance Agency plan manager to access his bank account. He alleged the bank questioned his legal capacity to grant such access and described him as “mentally incapacitated”. The complainant’s mother alleged the bank discriminated against her on the ground of her association with the complainant by not permitting her to intervene on his behalf on the ground that she was not his legal guardian.

On being advised of the complaint, the bank agreed to participate in conciliation to try to resolve the matter.

The complaint was resolved with an agreement that the bank apologise to the complainant and his mother for the events giving rise to the complaint and pay them $1,000 as general damages. The bank also undertook to conduct awareness raising among its staff about the National Disability Insurance Scheme and, where necessary, develop or update policies and procedures to facilitate delivery of banking services to participants in the Scheme.

Year

Discrimination type
Disability Discrimination Act

Grounds
Associate
Disability

Areas
Goods, services and facilities

Outcome details

Apology

Compensation

Revised terms and conditions

Policy change/Change in practice

Anti-discrimination/EEO training introduced

Amount
$1,000