Woman wins discrimination case - Sydney Morning Herald

A matter of principle: Julia Haraksin outside court. Photo: Stephanie Gardiner

After a three-and-a-half year legal battle, Julia Haraksin has won a discrimination case against a bus company that wouldn’t let her book a trip because it did not have wheelchair accessible vehicles.

Ms Haraksin, who was born with brittle bone disease, said she hopes the victory in the Federal Court on Thursday will inspire other disabled people to take action when they’ve been discriminated against.

Ms Haraksin tried to book a trip from Sydney to Canberra with coach company Murrays Australia in August 2009 so she could attend a conference, but was told her booking could not be taken because the buses could not accommodate wheelchairs.

Justice John Nicholas found that Ms Haraksin had been directly discriminated against, under the Disability Discrimination Act which states it is unlawful to discriminate against a disabled person by refusing them access, or use of, public premises, including vehicles.

The judge also found the bus company was in breach of the Disability Standards for Accessible Public Transport in 2009 and ordered that it meet the standards on all its fixed routes.

Outside court Ms Haraksin, surrounded by her legal team led by Chris Ronalds, SC, said she was excited about the decision.

‘‘I think it’s slowly sinking in. It feels good.’’

She is not seeking any compensation, because she said the case was about more than just her own experiences.

‘‘It really is the principle. Right now the legislation says the only way standards can be enforced if there are breaches is that people individually file a complaint.

‘‘It’s not about me it’s about making sure the standards are complied with. It’s about people’s human rights.’’

Ms Haraksin said the case came out of something that should have been very easy.

‘‘It was very frustrating. I needed to go there for work, thinking it would be really simple.’’

She said she hoped all public transport companies would take notice of the decision.

‘‘It just vindicates all this effort and the amount of support I’ve had.

‘‘It will give other people with disabilities the impetus to go ahead and file complaints.’’

In a statement, Murrays Australia said it had made the effort and ‘‘incurred significant expense’’ to accommodate disabled travellers.

The company says it now provides wheelchair lifts on regular routes or on charter trips if they are informed a passenger needs one.

‘‘We’re delighted to do that.” general manager Damian Lee said.

The matter will return to court next month for a costs hearing.