Reply To: Installation of a Chair Lift on Common Property Stairs

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09/04/2019 at 5:01 pm #36908
Lady Penelope
Flatchatter

    Here is an ‘old’ case which may have some relevance.

    http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QADT/2005/14.html

    The defence to a complaint raised under the DDA is that providing access would cause an ‘unjustifiable hardship’ to the organisation or business. “These include cost, technical difficulties, use of the building and the effect the proposed changes might have on particular heritage features”.

    These questions “can only be determined by the Federal Court or the Federal Magistrates Court”.

    Is is therefore probably something that NCAT would not consider.

    See more here:

    https://www.humanrights.gov.au/publications/body-corporate-responsibilities-relation-disability-discrimination-act

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