Hardiman v Parramatta City Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Hardiman v Parramatta City Council [2024] NSWCATAD 242

Hearing dates:

7 August 2024

Date of orders:

15 August 2024

Decision date:

15 August 2024

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

M Tibbey, Senior Member

Decision:

Leave to proceed with the Complaint is granted.

Catchwords:

Human Rights – leave – disability discrimination – sufficiency of access to park

Legislation Cited:

Anti-Discrimination Act, 1977 (NSW)

Cases Cited:

Jones & Anor v Ekermawi [2009] NSWCA 388

Ekermawi v ADT & Ors [2009] NSWSC 143

Hubbard v Roads and Traffic Authority of NSW [2010] NSW ADT 99

Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20

Texts Cited:

None Cited

Category:

Procedural rulings

Parties:

Pamela Hardiman (Applicant)
Parramatta City Council (Respondent)

Representation:

Solicitors:
Applicant – (self-represented)
McCabes Lawyers (Respondent)

File Number(s):

2024/00196887

Publication restriction:

Nil

REASONS FOR DECISION

1. This was an application for leave to proceed with a complaint of disability discrimination made under the Anti-Discrimination Act 1977 (NSW) (‘the Act’).

2. A complaint was made by the applicant of disability discrimination in the provision of goods and services in relation to conduct that is said to have occurred about 26 October 2023.

3. The complaint was declined by a delegate of Anti-Discrimination NSW (‘ADNSW’) because “under s92(1)(a(vi) of the Act, namely that:

“(vi) the respondent has taken appropriate steps to remedy or redress the conduct, or part of the conduct, complained of”

4. The applicant is a person who, due to an amputation of her left leg from her hip, uses crutches and at times a wheelchair. She alleges that she uses the facilities at the Dan Mahony Reserve, in Parramatta, an off leash area where dogs may be exercised (referred to here as ‘the park’). Due to her disability, she alleges that she is unable to park safely, alight safely from her vehicle and take her dogs on leashes to the park and use the off-leash area.

5. In her initial complaint, the applicant alleged that the conditions are hazardous due to a lack of off-street parking, access to the park being on a busy road, lack of footpaths at the ingress/egress points, the toilets not being opened to the public and the park being in a rundown condition. There were or are water leaks that make the ground muddy and slippery. It is the only off-leash park area in the suburb of Parramatta.

6. The respondent agreed that the park presented maintenance challenges and agreed that the toilets are closed. They upgraded the ingress/egress gate on Isabella Rd after the complaint was made, so that it is now much safer, with a concrete base, feeding off a concrete park. They also improved the fencing and dealt with leakage of water which led to slushy conditions.

7. By the time of the leave application, those works had been completed and the Council contended that there was satisfactory parking available.

8. Anti-Discrimination NSW declined the complaint under s92(1)(a)(vi) of the Anti-Discrimination…