Kleinig v Village Roadshow Theme Parks Pty

Danielle Kleinig brought proceedings against Village Roadshow Theme Parks Pty Ltd in the Federal Circuit Court, alleging direct and indirect discrimination on the grounds of impairment. The court was tasked with determining whether the respondent's conduct amounted to direct or indirect discrimination under the Disability Discrimination Act 1992 (Cth) and, if so, to award appropriate compensation. The respondent argued that it had not discriminated against the applicant, who has impaired vision, and that its actions were reasonable and proportionate.

The court considered the nature of the applicant's impairment and the respondent's policies and practices concerning accessibility. It was held that the respondent's failure to provide adequate assistance to the applicant, who relies on a white cane, constituted direct discrimination. The court found that the respondent's actions were not reasonable or proportionate in the circumstances. Regarding indirect discrimination, the court determined that while the respondent's policies might disadvantage individuals with impaired vision, they did not apply to the applicant in a way that would amount to indirect discrimination. The court awarded the applicant $500 in compensation for the direct discrimination experienced.

The court ordered the respondent to pay the applicant $500 within 28 days of the order. The respondent was required to file and serve any submissions in relation to costs by 20 August, 2015, and the applicant had until 3 September, 2015, to file and serve any response. This case highlights the importance of accessibility for individuals with impairments and the need for organisations to take reasonable steps to accommodate their needs.