There are significant limitations of the individual complaints system for dealing with repeat discriminators, and for entrenched practices and systemic discrimination.32
Case Study
Over a period of some years, a community legal centre represented a number of people with disability who all complained that the same airline had requested they travel with a companion, and that they pay for that companion ticket. None of these people knew each other or of each others’ complaints. Each complaint settled at the conciliation stage of the process, where the complainants received compensation. The community legal centre recognised there were entrenched problems with the airline, but that there was no way to systemically address such problems in the current system.
Organisations are also reluctant to bring representative complaints under the DDA, due to uncertainty as to whether they will have standing.33
Attempts to address systemic discrimination through the development of disability standards in relation to transport, education and access to premises have failed to address systemic discrimination. The standards have placed de facto limitations on people’s rights as prescribed within the DDA. There is no incorporation of adequate and appropriate enforcement mechanisms outside the individual complaints process.
