Ostopowicz v Redland City Council [2022] QCAT 136

Date: 19 April 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Goodman
Human Rights Act 2019 (Qld) Sections: ss 13, 15, 31
Rights Considered: Right to recognition and equality before the law; Right to a fair hearing.
Other Legislation: Anti-Discrimination Act 1991 (Qld) ss 6, 7, 11, 46, 204, 205, sch 1; Transport Operations (Road Use Management) Act 1995 (Qld); State Penalties Enforcement Act 1999 (Qld).
Keywords: Discrimination

The Applicant brought a claim against the Respondent Council and alleged that the Council had indirectly discriminated against her by failing to accommodate her disabilities in not providing sufficient car parking arrangements. The Tribunal determined that the Council’s term requiring people using the car park to park in accordance with regulated signage was reasonable in all the circumstances, such that there had been no indirect discrimination. The Tribunal had regard to human rights and was satisfied that the decision was compatible with human rights, in particular the Applicant’s rights to a fair hearing (section 31) and to recognition and equality before the law (section 15) as contained in the Human Rights Act 2019 (Qld) but did not substantively discuss why this was the case.

Visit the judgment: Ostopowicz v Redland City Council [2022] QCAT 136