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Media Release 4 March 1999 MEDIA RELEASE
Cooper -v- Coffs Harbour City Council Decision of the Federal Court of Australia, 4 March 1999 As a result of a major decision in the Federal Court today, Local Councils and planning authorities throughout Australia will now have to take care to ensure that the rights of people with disabilities are properly considered when deciding development applications for public premises. Mr. Ian Cooper, who uses a wheelchair, complained to the Human Rights and Equal Opportunity Commission (HEREOC) that Coffs Harbour City Council breached the Disability Discrimination Act when it allowed the operators of the Coffs Harbour Cinema Centre to expand and refurbish the Cinema without insisting on access for people with disabilities. Legal Aid’s specialist civil solicitor-advocate, Mr Paul Batley, represented Mr Cooper and in a landmark decision in August 1997, HEREOC found that the Cinema operators had discriminated against wheelchair users and ordered them to install wheelchair platform stairlifts. But in May 1998 (HEREOC) decided that the Council had not breached the Disability Discrimination Act when it approved the building plans. Mr Cooper appealed to the Federal Court of Australia and in a ruling of national importance, the Court has clarified the obligations of planning authorities under the Act. A Council is now potentially liable for a breach of the Disability Discrimination Act, if it permits a development which does not make adequate provision for access by people with disabilities to public premises such as shops, offices, theatres and cinemas. A council will be excused from liability if it can prove that it honestly believed that a developer would suffer unjustifiable hardship if required to put in wheelchair access and it can show that it made a reasonable assessment or investigation of the developer’s claim of hardship. Mr Cooper’s Legal Aid solicitor, Mr Paul Batley said, “This is an extremely important decision. It emphasises the responsibility of local government to ensure equal access for all citizens regardless of disability.” Ian Cooper said, “This is a major victory for human rights in Australia. It confirms that the onus is on Councils to not allow developers to ignore the rights of people with disabilities.” Contacts: Paul Batley: 02 6651 7899 Coffs Harbour Legal Aid Office |
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