Moxon v Westbus Pty Ltd

CITATION:	Moxon -v- Westbus Pty Ltd [2001] NSWADT 159
DIVISION:	Equal Opportunity Division
PARTIES:	APPLLICANT John Moxon RESPONDENT Westbus Pty Ltd
FILE NUMBER:	001098
HEARING DATES:	14, 15, 16/05/2001
SUBMISSIONS CLOSED:	05/16/2001
DATE OF DECISION:	09/24/2001
BEFORE:	Bartley R - Judicial Member; McDonald O - Member; Strickland J - Member
APPLICATION:	Disability Discrimination - Goods and Services
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Anti-Discrimination Act 1977
CASES CITED:	Druett and Cooper (NSW) 2000 HREOC 17.4.2000 Langtry v Niland (1981) 2 NSWLR 107/108 Scott v Telstra Corporation Ltd (1995) A & NZ Equal Opportunity Law Practice 92-717
REPRESENTATION:	APPLICANT J Griffiths, barrister RESPONDENT C Ronalds, barrister
ORDERS:	Complaint dismissed.

1 On 5th April l997 Mr John Moxon (the Complainant) made the following complaint to the President of the Anti-Discrimination Board against Westbus Pty Ltd (the Respondent).

2 The Complaint stated:

I wish to lodge a complaint on my own behalf against Westbus in relation to the bus service it offers to the public. As a person with a disability, which requires that I use a wheelchair, I am unable to independently access and/or fully utilise the bus service offered by Westbus.
On 29 March, 1997 at approximately l.10 p.m. at Parramatta Railway Station (Darcy Street) I attempted to board a Westbus vehicle No MO 7973 which carried a sign indicating that it would be going on Route 600 to Knightsbridge via Rogans Hill. I was informed by the driver, Avon, that the bus had no ramp, hoist or other device, which would enable me to board. Avon also stated that no Westbus has such facilities. When asked if that mean that I am unable to use any of Westbus buses he replied ‘yes’
On 3 April l997 at approximately 2.40 p.m I telephoned Westbus and spoke with a person who gave her name as ‘Daniela’ who confirmed that Westbus has no buses that provide access for people who use wheelchairs.
Until independent access is provided I cannot use any Westbus bus.
The failure of Westbus to provide access which would allow me to independently use the buses prevents me from enjoying my right to fully participate in the community.
By not providing access Westbus is clearly discriminating against me on the basis of my disability in contravention of the Anti-discrimination Act 1977.
I would therefore like Westbus to install access facilities, which will enable me to use and enjoy the bus services to the same extent individuals who do not have mobility disability.
I am able to be contacted by writing to the above address.
3 A copy of the complaint was sent to the respondent on 7th April l997

4 The Complaint was based on section 49M and 49C of the Anti-Discrimination Act 1997.

5 Section 49M provides:

(1) It is unlawful for a person who provides, for payment or not, goods or services to discriminate against a person the ground of disability:
(a) by refusing to provide the person with those goods or services, or
(b) in the…