January 2012 - ABC 7:30 Report
Watch on the ABC website.
TRANSCRIPT
TRACY BOWDEN, PRESENTER: It was 20 years ago that the Federal Disability Discrimination Act came into force in Australia.
It's aim was clear - to eliminate discrimination against people with disabilities.
But on its anniversary the Act has come under fresh scrutiny, because of a legal case involving a 78-year-old disabled woman, and budget carrier JetStar's domestic policy, not allowing more than two people needing wheelchairs on the same plane.
John Taylor reports.
GRAEME INNES, DISABILITY DISCRIMINATION COMMISSIONER: If two mums and dads with baby in a pram were on an aeroplane and the third one was refused, Australians would be rightly outraged.
SHEILA KING, DISABILITY ADVOCATE: I should be allowed to fly on what on aircraft I wish to fly on at what time and on what date without being told I'm sorry we won't take you.
JOHN TAYLOR, REPORTER: Australia's Disability Discrimination Act came into force in 1992. It's aim was simple. End discrimination against disabled people and educate the community that people with disabilities have the same rights as every other Australian even though sometimes in order to treat people the same, they had to be treated differently.
GRAEME INNES: I think we have much better access for people with disability to trains and to metropolitan buses, better access to buildings, but we still have some way to go and this case is a demonstration of just that.
JOHN TAYLOR: The case he's talking about involves 798-year-old Sheila King. She contracted polio as a baby in England and has never been able to run or dance. All but the shortest of distances require a wheelchair or scooter. For the past two decades she's been a fighter for disabled people. And for more than three years has waged a discrimination battle against JetStar.
NICOLAS PATRICK, REDFERN LEGAL CENTRE: Sheila has claimed that she was discriminated against by Jetstar when they refused to allow her to travel on a flight back in 2008 and the reason given was that JetStar was already carrying two passengers who required wheelchair assistance.
SHEILA KING: I was furious. I was absolutely ropable but I sort of calmed down when I was able to get the Virgin flight and that was fine but when I came home and told Robin what happened I said, "Do you think that's a case of discrimination?" and Robin said, "My word it is."
And I just sat down and sent an email to the Human Rights and said I wished to take up a complaint against, discrimination against JetStar and that set the ball rolling.
JOHN TAYLOR: All the way to the Federal Court but its recent verdict was not what she wanted.
NICOLAS PATRICK: The court found that Ms King had been discriminated against but found that JetStar had a defence under the Disability Discrimination Act and that defence was that it would be an unjustifiable hardship for JetStar to have carried Sheila on that flight.
JOHN TAYLOR: The judge found that the additional cost of carrying more than two people needing wheelchairs in the same plane was too great a cost for the business to carry.
JUDGEMENT (voiceover): I also take into account that JetStar is a low-cost airline. This has the consequence that not as many services are available as full-cost airline. It's relevant on this aspect of the case, in my opinion, that the wheelchair assistance services are of a substantial kind and duration.
SHEILA KING: I'm going to appeal. It's all set in motion. The solicitors and the barristers have got together, they've found holes in the decisions and we will take it right to the very highest degree and if JetStar appeal the appeal then they'll take it to the High Court and we'll have to follow them there.
JOHN TAYLOR: JetStar says the ruling recognises its commitment to affordable, safe, low-cost travel to all Australians. In a statement to 7:30, it added:
JETSTAR STATEMENT (voiceover): JetStar's two-wheelchair practice has been found not to be unlawful discrimination. This practice is similar to that used by other low-cost carriers in Australia and is designed to balance care for passengers requiring assistance with the everyday operational needs of a low-fare airline.
JOHN TAYLOR: Virgin also has a two-wheelchair policy and Sheila King has another legal case pending against it. But Jetstar says about 90 per cent of the time there is no demand for more than two wheelchairs on the same plane.
JETSTAR STATEMENT (voiceover): JetStar carries more than 40,000 passengers a year that seek specific assistance. Only a very small percentage of our flights have experienced situations where more than two wheelchairs were requested.
GRAEME INNES: They say there aren't many instances where a third person wants to travel who uses a wheelchair and frankly that's another strong reason for getting rid of this policy. If it's usual, if it doesn't happen very often then it's not going to hurt them very much to change the policy.
JOHN TAYLOR: But disability discrimination commissioner Graham Innes wants to go further. He wants the Government to make a two-wheelchair policy illegal.
GRAEME INNES: Yes I do, absolutely. I think that we oughtn't have uncertainties on this issue. I know Mrs King is appealing the Federal Court's decision but I'd like Government to change the law to make it clear that a person can't be blocked from travelling on an airline just because they travel using a wheelchair.
NICOLAS PATRICK: One of the issues that came up in the case was the extent to which a business could be set up or a business could adopt a business model that is discriminatory, particularly where that business came into existence, or that business model came into existence after the implementation of the Disability Discrimination Act.
In this case, the Disability Discrimination Act came into force in 1992 and JetStar came into existence after that.
JOHN TAYLOR: Sheila King's life of disability advocacy began in 1991 when she moved to Hervey Bay near the Sunshine Coast.
SHEILA KING: The very first day we said, "What should we do?" I said, "Let's go look at the beach," but when we got there I couldn't get down to the beach. There's 16km of beach with 32 accesses to it, not one for - that didn't have steps or soft sand. Couldn't get down to the beach at all.
JOHN TAYLOR: In the end, her husband had to pull apart her scooter, reassemble it on the sand and carry her down. It was an indignity that changed her life, leading her to serve on many boards and in official working groups and despite spending about $20,000 of her own money on this case so far and further possible $20,000 in court costs, she's vowing to go on.
SHEILA KING: Everybody thinks I'm a grumbler here but that also makes me unhappy. People don't understand that what I'm doing, especially on this occasion, is for the community at large. It's not for me. I don't get anything out of it only that I can get on a plane when I want to.
TRACY BOWDEN: John Taylor with that report.
