Can an airline require that a person with a disability travel with an assistant or companion?

Full answer

Yes, but only where the person requires assistance which the airline cannot provide without unjustifiable hardship.

See the decision of the Commission in McLean v Airlines of Tasmania Pty Ltd.

Mr McLean has a severe mobility disability. He uses a wheelchair, and cannot transfer into or out of it without assistance. He complained that Airlines of Tasmania would not allow him to travel unaccompanied.

Mr McLean, who had previously travelled unaccompanied on large domestic airlines, alleged that the airline had discriminated against him on the grounds of his disability. The airline presented evidence that their aircraft was very small with an aisle too narrow for a wheelchair, inappropriate emergency exits and equipment and, because it seated only 19 passengers, no flight attendant to assist Mr McLean in an emergency.

Mr McLean stated he was willing to risk being left behind in an emergency, but the Commission considered that human nature would not allow the crew or Mr McLean's fellow passengers to abandon him, and that they might be put at risk themselves in assisting him. Hence in an emergency requiring evacuation his unaccompanied presence might endanger the crew, other passengers and even rescue workers. On balance the Commission considered that Mr McLean being permitted to travel unaccompanied would impose an unjustifiable hardship on the airline.