Physical Disability Council of NSW v Sydney City Council

The Physical Disability Council of NSW challenged a decision of the Sydney City Council to implement a new policy that restricted access to certain public spaces for individuals with mobility impairments. The dispute centred on whether the policy complied with the Disability Discrimination Act 1992. The matter was brought before the Land and Environment Court of New South Wales. The court had to determine if the policy constituted indirect discrimination against individuals with mobility impairments and if the council had breached its obligations under the Act.

The court examined the nature of the restrictions imposed by the policy and whether they disproportionately affected individuals with mobility impairments. It also considered whether the council had adequately consulted with relevant stakeholders, including disability advocacy groups, before implementing the policy. The court found that the council had not demonstrated that the policy was necessary to achieve a legitimate aim and that it had not adequately considered the impact of the policy on individuals with mobility impairments. The court held that the policy did indeed constitute indirect discrimination and that the council had failed to comply with its obligations under the Act.

The court concluded that the policy was not a reasonable measure and did not pass the proportionality test. It held that the policy was discriminatory and that the council had not taken reasonable steps to avoid the discrimination. The court dismissed the proceedings and ordered that the applicant pay the costs of the first respondent. The decision underscores the importance of consulting with relevant stakeholders and considering the impact of policies on individuals with disabilities when implementing changes to public spaces.