Court ruling shocks disability advocate
DISABILITY advocate David Cawthorn says he won’t give up fighting for a lift at the centrepiece entrance of Hobart’s Parliament Square precinct – despite a High Court judgment that he says left him “stunned”.
Mr Cawthorn, who has paraplegia and relies on a wheelchair for mobility, has been at loggerheads with developer Citta Hobart for more than five years over the issue.
Mr Cawthorn has long argued it is unfair wheelchair users should be forced to use another level access point known as “the arch” 35m uphill in Murray St, or a third point about 150m away from Salamanca Place.
Mr Cawthorn said providing access only by way of a staircase amounted to “direct discrimination” against people with disabilities.
But on Wednesday, that fight came to a conclusion in the nation’s highest court, albeit not on the issue of discrimination itself, but whether Tasmania’s Anti-Discrimination Tribunal had jurisdiction to hear a case that dealt with federal issues.
In its appeal judgment, the full court of the High Court unanimously agreed the tribunal couldn’t hear such cases.
That’s left Mr Cawthorn, who said he felt like he had been “kicked in the guts”, back at square one.
“We’ve come all this way and … they’ve only come down on a decision on one of the points, a jurisdiction issue about where the case can be heard,” he said.
While he said Wednesday’s judgment was a setback, he said he was still confident he could win in the future.
“The merits of the case are there. We know we’ve got good grounds there,” he said. “I’ve taken that initial punch and gasping for air.
“But I’m still confident that there will be a possible light at the end of the tunnel.”
Lawyer Ben Bartl said Mr Cawthorn still had several options available, such as lodging a complaint with the Equal Opportunity Commissioner or the Australian Human Rights Commission.
“The decision of the High Court is disappointing,” Mr Bartl said.
“It is an important case that will have important repercussions not just for David, but for all people with mobility issues.
“Unfortunately, this case hasn’t been determined on its merits. It’s just been determined on a legal technicality.”
He said the case still hadn’t clarified the issue of whether federal building access standards override state anti-discrimination legislation.
Citta Property Group said it welcomed the High Court decision.
“We do not believe Parliament Square has been built in any way to discriminate against people with a disability,” it said in a statement.
The $200m Parliament Square precinct, located behind Parliament House, opened in late-2021 with government office spaces, an open public area and plaza, shops, a restaurant, bar, cafe, and luxury Marriott hotel The Tasman.
Because of implications for other states, which potentially could have affected building developments in every state of Australia, the High Court case was joined by every state in the country, plus the Australian Human Rights Commission.
The Tasmanian government, along with the commonwealth, sided with Citta Hobart.