January 2012 - ABC News
Sheila King, who has post-polio syndrome and crushed vertebrae as a result of a car crash, sued the airline after she could not get on a flight from Adelaide to Brisbane in 2008.
When Ms King phoned to confirm her boarding arrangements she was told she would have to change her travel plans.
Under Jetstar policy the carrier will only allow two people requiring wheelchair assistance on any domestic flight. Ms King was the third.
Ms King argued Jetstar's policy contravened the Disability Discrimination Act.
But Federal Court Judge Alan Robertson has ruled in favour of Jetstar, saying Ms King did not select "wheelchairs" under a special requirements section of the airline's website and that it had offered to put her on another flight.
Judge Robertson also ordered Ms King to pay Jetstar's costs, capping the amount at $20,000 in acknowledgment of the public interest nature of the case.
Jetstar has welcomed the decision, saying it recognises the airline's commitment to offering safe, low-cost travel to all Australians, including those who require specific assistance.
"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-fares airline," a spokeswoman said.
Call for reform
Joanna Shulman, the head of Redfern Legal Centre who advised Ms King, says the ruling demonstrates that Australia's discrimination laws are not strong enough to protect the rights of people with disabilities.
"Ms King's experience demonstrates that these laws need to be strengthened in order to ensure that service providers cannot discriminate on the grounds of disability," she said.
"Limitations on access to transport can affect a person's ability to work, access health services, spend time with family or enjoy travel.
"Urgent reform is therefore needed to ensure equal access is achieved."
The Federal Government is currently reviewing the nation's discrimination laws.
Read the article on the ABC News website.
