Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council

The Access For All Alliance (Hervey Bay) Inc brought an action against the Hervey Bay City Council, seeking compliance with the Disability Discrimination Act 1992 (Cth) regarding the accessibility of public amenities. The matter was heard in the Federal Court of Australia. The Alliance contended that the Council had failed to install internal hand basins in the accessible toilets at several parks and recreational areas within the city, thereby contravening the Act's requirement for reasonable adjustments to ensure equal access for people with disabilities.

The primary legal issue before the Court was whether the Council had breached its obligations under the Disability Discrimination Act by not providing internal hand basins in the accessible toilets. The Court needed to determine if the Council's failure to install these facilities constituted a failure to make reasonable adjustments that would enable equal access for individuals with disabilities.

The Court found that the absence of internal hand basins in the accessible toilets indeed constituted a failure to make reasonable adjustments. The Court noted that such facilities are essential for individuals with disabilities to maintain hygiene and independence when using accessible toilets. The Council's failure to provide these facilities was considered discriminatory and a breach of the Act. The Court ordered the Council to construct and install internal hand basins in the specified accessible toilets within nine months.