QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Jackson v Ocean Blue Queensland Pty Ltd & Ors [2020] QCAT 23
PARTIES: MARJORIE JACKSON (applicant)
v
OCEAN BLUE QUEENSLAND PTY LTD (first respondent)
MEDI-AID CENTRE FOUNDATION LTD (second respondent)
APPLICATION NO/S:
ADL007-19
MATTER TYPE:
Anti-discrimination matters
DELIVERED ON:
23 January 2020
HEARING DATES: 7 November 2019; 8 November 2019
HEARD AT:
Brisbane
DECISION OF:
Member Traves
ORDERS: 1. It is declared that Ocean Blue Queensland Pty Ltd is liable for a contravention of s 83 of the Anti-Discrimination Act 1991 (Qld).
2. It is declared that Medi-Aid Centre Foundation Ltd is liable for a contravention of s 83 of the Anti-Discrimination Act 1991 (Qld).
3. Ocean Blue Queensland Pty Ltd and Medi-Aid Centre Foundation Ltd are jointly and severally liable to pay Marjorie Jackson the sum of $13,155.00 by 4:00pm on 14 February 2020.
4. The parties must make submissions as to costs, if any, by 4:00pm on 14 February 2020.
5. The parties must make submissions as to costs in reply, if any, by 4:00pm on 21 February 2020.
CATCHWORDS: HUMAN RIGHTS – DISCRIMINATION LEGISLATION – DIRECT DISCRIMINATION – INDIRECT DISCRIMINATION – whether applicant had an impairment and relied on an assistance dog – where applicant evicted for having a dog in breach of “no pets” term in lease – whether complainant treated less favourably than other Medi-Aid tenants who did not rely on an assistance dog – whether “no pets” term constituted indirect discrimination - whether term imposed with which a higher proportion of people without applicant’s impairment comply or are able to comply being a requirement which is not reasonable having regard to the circumstances of the case and with which applicant not able to comply – whether contravention of ss 83 or 85 of the Anti-Discrimination Act 1991 (Qld)
Anti-Discrimination Act 1991 (Qld), s 6, s 7, s 8, s 9, s 10, s 11, s 83, s 84, s 205, s 209, Schedule
Guide, Hearing and Assistance Dogs Act 2009 (Qld), s 12A, Schedule 4
Catholic Education Office v Clarke [2004] FCAFC 197
Forest v Queensland Health, State of Queensland [2006] FCA 352
Hurst and Devlin v Education Queensland [2005] FCA 405
Mulligan v Virgin Australia Airlines Pty Ltd [2015] FCAFC 130
Qantas Airways Ltd v Christie (1998) 193 CLR 280
Queensland (Queensland Health) v Forest (2008) 168 FCR 532
Reurich v Club Jarvis Bay Ltd [2018] FCA 1220
State of Queensland v Mahommed [2007] QSC 18
Waters v Public Transport Corp (1991) 173 CLR 349
APPEARANCES & REPRESENTATION:
Applicant:
Self-represented, assisted by Dr Christine Jeakings
Respondent:
G Rebetzke, of counsel instructed by Bell Legal Group
REASONS FOR DECISION
This matter concerns whether Marjorie Jackson was discriminated against because she had an impairment and relied on an assistance dog. In short, Marjorie alleges she was forced to leave her rental accommodation at Seacrest Apartments, Main Beach because the landlord, Medi-Aid, had a “no pets” policy. Whether Marjorie had an impairment…
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- Case
- [2020] QCAT 23
- Decision Date
CaseChat Overview and Summary
The central legal issues before the tribunal were whether Jackson had an impairment that relied on an assistance dog and whether the eviction constituted direct or indirect discrimination. The tribunal had to determine if the "no pets" term imposed a requirement with which a higher proportion of people without Jackson's impairment comply or are able to comply, and if such a requirement was not reasonable in the circumstances. The tribunal also needed to assess if the term contravened sections 83 or 85 of the Anti-Discrimination Act 1991 (Qld).
After examining the evidence, the tribunal found that Jackson had an impairment that necessitated the use of an assistance dog. The tribunal ruled that the eviction of Jackson for having her assistance dog amounted to indirect discrimination, as the "no pets" term imposed a requirement that Jackson could not comply with due to her disability, whereas a higher proportion of people without such an impairment could comply. The tribunal concluded that the "no pets" term was not reasonable in the circumstances and contravened section 83 of the Anti-Discrimination Act 1991 (Qld). Consequently, the tribunal declared both Ocean Blue Queensland Pty Ltd and Medi-Aid Centre Foundation Ltd liable for contravention of section 83 of the Act.
The tribunal ordered that Ocean Blue Queensland Pty Ltd and Medi-Aid Centre Foundation Ltd were jointly and severally liable to pay Jackson $13,155.00 by a specified date. The tribunal also required the parties to submit their views on costs by set dates. This decision underscored the importance of considering the needs of individuals with disabilities in the application of general rules and highlighted the potential discriminatory impact of seemingly neutral policies.
Orders
Orders of the court
1. It is declared that Ocean Blue Queensland Pty Ltd is liable for a contravention of s 83 of the Anti-Discrimination Act 1991 (Qld).
2. It is declared that Medi-Aid Centre Foundation Ltd is liable for a contravention of s 83 of the Anti-Discrimination Act 1991 (Qld).
3. Ocean Blue Queensland Pty Ltd and Medi-Aid Centre Foundation Ltd are jointly and severally liable to pay Marjorie Jackson the sum of $13,155.00 by 4:00pm on 14 February 2020.
4. The parties must make submissions as to costs, if any, by 4:00pm on 14 February 2020.
5. The parties must make submissions as to costs in reply, if any, by 4:00pm on 21 February 2020.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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