If v ACT Commissioner for Housing

IF v ACT COMMISSIONER FOR HOUSING [2005] ACTSC 80 (26 July 2005)

EX TEMPORE JUDGMENT

APPEAL FROM DECISION OF DISCRIMINATION TRIBUNAL

No SCA 46 of 2004

Judge:  Crispin J
Supreme Court of the ACT
Date:  26 July 2005

IN THE SUPREME COURT OF THE     )
  )          No SCA 46 of 2004
AUSTRALIAN CAPITAL TERRITORY )

APPEAL FROM DECISION OF DISCRIMINATION TRIBUNAL

BETWEEN:IF

Appellant

AND:COMMISSIONER FOR HOUSING

Respondent

ORDER

Judge:  Crispin J
Date:  26 July 2005
Place:  Canberra

THE COURT ORDERS THAT:

1. the appeal be dismissed;

2. no order as to costs.

1. This is an appeal from a decision of the Discrimination Tribunal dismissing a complaint by the appellant.  The Tribunal has previously made orders prohibiting the publication of the appellant’s name and directing that she be described by the letters “IF” in the proceedings before the Tribunal.  She has been similarly described in the Notice of Appeal and other documents filed in this court and I intend to follow that approach. 

1. The appellant alleged in the Tribunal, that she had been discriminated against by the Commissioner for Housing on the ground of impairment in relation to the provision of public housing, contrary to s 21 of the Discrimination Act 1991 (ACT) (“the Act”), and/or in relation to the provision of goods, services or facilities, contrary to s 20 of that Act, between November 1997 and the filing of her complaint on 5 February 2002.

1. She also alleged that she had been victimised by the respondent due to her complaints relating to the Commissioner’s behaviour. 

1. The appellant suffers from congenital dislocation of both hips and there is medical evidence to the effect that this condition will become worse with age and that it is aggravated by climbing steps. It was not disputed that this condition constituted an “impairment” for the purposes of the Act.

1. The essential facts upon which the appellant relied were outlined in an affidavit, which she swore on 19 November 2003.  It may be convenient to set out the operative parts of that affidavit, which are as follows: 

(1)I am the Applicant. 

(2)On or about June 1995 I have applied to ACT Housing for accommodation according to my medical needs . . . I provided ACT Housing with a statement from my doctor strongly recommending ground floor and no stairs due to my hip conditions. 

(3)I have been placed on a waiting list and advised by ACT Housing that the standard waiting time was currently around three years.

(4)On or about November 1997 only one offer has been made by ACT Housing only a 2nd floor flat in a dangerous area of Belconnen . . . contrary to the two to be made under regulations.  My medical statement was totally ignored by ACT Housing.  I was unable to accept the offer on medical advice.  No further offers made. 

(5)On or about early April 1998 and because of the sale of private accommodation I was renting was pending, I made urgent request to…