Human rights case studies

Summary
A mother lodged a complaint on behalf of her adult son who has an intellectual disability, autism, and other health issues that result in severe pain and extreme behaviour. The mother applied for a disability parking permit to allow her to park closer to the shops to keep her, her son, and members of the public safe. The parking permit was initially refused because the son did not seem to meet the criteria, which are primarily directed at mobility, and the mother subsequently made a complaint to the Commission.

The woman and a representative of the department responsible for the permit scheme participated in a conciliation conference. In the meantime, the mother made a fresh application and received a permit. During the conference, the mother explained that her son's life was much more difficult during the period when they did not have a permit, but that she felt unable to pursue a formal appeal of the rejectionbecause of her own personal history. She explained her desire for a system that is not so isolating and is more focused on the people involved and their needs, rather than something that is purely bureaucratic. The department’s representative outlined recent reviews to the permit scheme, including consultation and weighing of various needs and interests that occurred.

The complaint was resolved with the parties agreeing that the woman’s feedback about her experience would be given anonymously to the relevant areas of the department (both in policy and customer service).

Summary
A complaint was made by four members of a family, three of whom have learning disabilities and one who has a physical disability and uses a wheelchair. The family attempted to board a public bus and alleged in their complaint that the driver said there was a bad odour here and asked the complainants if they ever took baths and that they needed to use deodorant. Insulted and embarrassed, the complainants got off the bus and in their rush the wheelchair tipped. They alleged the driver said he didn't want to see the wheelchair on his bus again and it was best that they took a taxi. The complainants felt that they could not catch local public transport after the incident.

At the conciliation conference, the respondents did not agree with all the complainants’ assertions, but nonetheless provided written apologies expressing their regret for the incident and confirming that the complainants are genuinely welcome on the bus. The respondents also provided compensation and travel vouchers to the complainants and agreed to review the discrimination training provided to staff to ensure it highlights the impact of discrimination on people who live with disabilities.

Summary
The Commission received a complaint from a man who is neurodiverse and has Klinefelter syndrome, which is a term that describes people with XXY chromosomes. The man requires testosterone injections of a certain dose and regularity to avoid symptoms such as lethargy, depression, anxiety, and fatigue. As he had been in and out of prison, the man had not received the required testosterone dose at various times, and he lodged a complaint that this was a breach of his right to health services.

The health service responsible for health care in the prison participated in a conciliation conference and agreed to the following:

• apology for any miscommunication regarding his syndrome
• training for prison health staff about the syndrome
• assurances that his medical records/discharge summaries would be available when needed
• referral to see a medical officer to refer for ultrasound and physiotherapy as needed.

We note that is a complaint that could have also been accepted as discrimination on the basis of ‘sex characteristics’ which is not currently a protected attribute under the Anti-Discrimination Act 1991 (Qld). Inclusion of ‘sex characteristics’ as an attribute has been recommended by the Commission in its recent Review of the Anti-Discrimination Act, to ensure better protections of people with variations of sex characteristics, such as Klinefelter syndrome.

Summary
A prisoner’s mother made a complaint against a prison service provider about a breach of human rights, including the right to maintain family and kinship relationships. Her son was in a prison far from where she lived, and she also cared for his child. Because of the distance, the only way that the woman could keep in touch with her son and ensure her grandchild could maintain a relationship with their father was through phone contact.

Phone calls are made by prisoners through an account that other people are able to deposit funds into. However, the service provider’s rules automatically banned a prisoner from receiving funds after there had been a ‘drawback’ of funds. A drawback occurs when a person outside of the prison deposits money, which is then spent by the prisoner but in the meantime the depositor disputes the charge, leaving the account in a deficit. Even though the drawback had not happened when the mother was depositing funds, the policy meant that she was unable to put money onto her son’s account to allow him to make phone calls to his family.

Through the conciliation process the prison service provider committed to review their policies to ensure they were compliant with the human rights of family members as well as those of prisoners. The mother was also reinstated as a person who was able to send funds to her son.

Summary
The Commission received a complaint from a man with autism who was unable to attend a clinical setting to receive a COVID-19 booster vaccination because of sensory and environmental factors relating to his disability. His anxiety also prevented him from answering phone calls.

He had requested a home visit for a booster shot but was experiencing challenges in getting an appointment. He felt at extreme risk due to his disability and because he was avoiding leaving home, it was causing him to experience social isolation. While he had stated that his preference was for email contact, he was receiving calls by phone from the booking service. Because he did not answer his phone, the appointment was not being booked in and he was becoming increasingly stressed about the situation.

Through the conciliation process, the health service helped arrange for the man to get his booster shot at home. The service also agreed to review the contact centre booking process to ensure that the most appropriate method of communication is used in future.

Summary
A First Nations man detained in prison told us that he was not receiving culturally safe health care. Through early resolution, the prison health service agreed to continue to work with Queensland Corrective Services to ensure a Cultural Liaison Officer is present during future health-related consultations, and put in place a process where the Nurse Unit Manager would directly request the liaison officer’s presence at all appointments.

The man communicated to the Commission he felt that there had been significant improvement in the way he experienced health care as a result of lodging the complaint. The conciliator sought the assistance of a member of the Aboriginal and Torres Strait Islander Unit at the Commission to manage the complaint process, and the conciliator reflected that the Unit’s involvement had been crucial in ensuring that the complainant felt comfortable and safe during the complaint process.

Summary
A hospital required patients to use face masks to prevent the spread of COVID-19, in accordance with official health directions at the time. A pregnant woman asked for an exemption for wearing a mask as due to a trauma background, the experience of having her mouth covered caused claustrophobia and panic attacks.

When the woman enquired with the hospital about an upcoming appointment she was told she would not be allowed in without a mask. She was concerned about missing her in-person appointment, particularly because it was a high-risk pregnancy due to her having a number of medical conditions.

The complaint was dealt with under the Human Rights Act . The conciliator from the Commission assisted a resolution with the hospital through early intervention. The conciliator checked with the woman whether the use of a PPE (personal protective equipment) face shield might work as an alternative to the mask. The woman advised that this kind of face covering would not affect her mental health in the way a mask does. The hospital then followed up directly with the woman, advising her that the system would now include a note that she is exempt from wearing a mask and that they would provide her with a face shield instead. The woman expressed her gratitude for the matter being resolved swiftly and to her satisfaction and she was able to attend her medical appointment as planned.

Summary
A woman planned to visit Queensland from interstate to pick up her assistance dog, with her mother and her carer, during a period of COVID-19 border restrictions. She was granted an exemption to come into Queensland where she agreed to isolate for 14 days and then spend a week receiving placement of the dog. However, when they tried to arrange for accessible quarantine accommodation, they were told the woman’s needs could not be met and her exemption approval was withdrawn. The assistance dog had been trained specifically for the daughter’s needs at substantial cost and they were concerned that she would lose the dog allocated to her if she was unable to visit Queensland.

The complainant chose to have this matter dealt with under the Human Rights Act .

Through early intervention the parties negotiated for the exemption to enter Queensland to be re-approved, with Queensland Health organising suitable accommodation for the complainant, her mother and her carer to complete 14-day hotel quarantine.

Summary
Community leader Adrian Burragubba and his family were camping, practicing their culture, and performing traditional ceremonies on a pastoral lease area. Police officers approached the group and asked them to leave, stating that the mining company Adani had claimed they were trespassing . The site was the subject of an Indigenous Land Use Agreement but the family opposed the agreement and the mine, saying that Aboriginal people had been exercising their culture by fishing and hunting and performing ceremonies for 40,000 years.

Cultural rights of Aboriginal peoples and Torres Strait Islander peoples are specifically protected by the Human Rights Act, including the right to maintain their distinctive spiritual, material, and economic relationship with the land and waters with which they hold a connection.

The family told the police that they had received expert advice that they could lawfully exercise their cultural rights and responsibilities. However, the police required the group to pack up their equipment and leave within an hour. The family says that this caused grief and trauma.

The Queensland Police Service (QPS) agreed to provide a statement of regret which was able to be shared publicly. The statement acknowledged that the events caused embarrassment, hurt, and humiliation for the complainant and his extended family, that there are complex legal issues and cultural sensitivities, and that the QPS will commit to take into account the issues in the complaint in future responses.

Summary
Two children aged 15 and 11 were placed alone in hotel quarantine and were unable to leave their room. Their father lived interstate and the mother lived in Queensland. They had been placed in hotel quarantine after flying home to Queensland from an interstate visit with their father.

The Commission dealt with the complaint urgently under the Human Rights Act. Queensland Health was informed about the complaint the same day it was lodged, and they immediately arranged for the children to be returned to their mother’s home that day where they were allowed to quarantine for 14 days.

Summary
A state government employer suspended an employee who was receiving financial support for her university course and who was alleged to have received the assistance of a colleague for the coursework during work hours. Without first speaking with her about the allegations, the employer emailed the employee’s university to advise them of potential academic misconduct.

The employee complained that this disclosure came before the external investigation had started, that she had not had the opportunity to learn details of the allegation or to respond, and that her employer had been under no obligation to raise the allegation or investigation with the university.

In making a human rights complaint about the issue, she argued that her employer failed to properly consider her human rights – in particular the right to privacy and reputation set out in section 25 of the Human Rights Act . The employee said that her employer’s actions had negatively impacted on her professional and academic reputation.

To resolve the complaint the employer agreed to contact the university and explain there was no evidence of wrongdoing, apologise in writing to the employee, and to review their policies and procedures relating to the issues raised in the complaint.

Summary
A 73-year-old woman with lung cancer had been approved for social housing, but had only been offered properties that she considered to be unsuitable for her mobility needs. She also needed a yard area for her dog. At the time she was facing homelessness, as her private rental was up for sale and she had been unsuccessful in applying for around 30 properties in the private market. The social housing provider expressed empathy for her circumstances but explained that demand for housing exceeded the supply, and that allocations had to be made depending on the number of available properties and the needs of those in queue for social housing.

Through the conciliation process, the social housing provider offered the woman a suitable one-bedroom apartment with an enclosed courtyard which was accepted.

Summary
A mother lodged a complaint on behalf of her 7-year-old son who attends a state school and has a disability which manifests as anxiety, sensory and behavioural problems. The school became concerned about his escalating behaviour and that some of his behaviours could increase the risk of transmission during the COVID-19 pandemic, and issued a notice of suspension as a result. The child’s mother communicated that her son felt confused, upset, anxious, and unwanted. Many of the details were in dispute, and communication between the family and the school had broken down.

Following a conciliation conference, the mother agreed to share information from the child’s treating occupational therapist, and the school agreed to take this report into consideration in the development of an Individual Behaviour Support Plan. To improve future communication, the mother and the school agreed to use a communication book and meet at the beginning of each term to discuss the plan.

Summary
A woman in hotel quarantine after travelling interstate complained that she was given only 5 fresh air breaks in 14 days. She felt that the communication was poor – the police would say that fresh air breaks were Queensland Health’s responsibility, and the hotel reception said it was the Queensland Police Service’s role. During her stay her mental health deteriorated. Her GP provided a report to support her request to isolate at home. The woman rang the Acute Mental Health Team but felt that her concerns were dismissed.

In conciliation, the respondents acknowledged how challenging it was for the woman in quarantine while explaining the public health importance of the quarantine system in containing COVID-19. They agreed to help her apply for a quarantine fee waiver on the basis of her personal circumstances.

Summary
A woman who had mobility issues made a complaint about the limited number of accessible parks at a bus terminal, and being issued with a number of fines for parking in other places. She said that on two occasions the bus driver refused to engage the ramp, requiring her to struggle up and down the bus stairs.

The complaint was resolved on the basis that the transport service agreed to conduct an internal review of its policies and procedures about the use of ramps, and to provide a copy to all bus drivers employed by it. Employees were also required to attend training on the Anti-Discrimination Act and the Human Rights Act , and an internal training module on human rights and improving services to people with disability was introduced.

Summary
A mother and her two children, aged 4 years and 18 months, were in hotel quarantine. The room did not include a balcony or opening windows, and she reported not being allowed to have wellness walks because the baby would not keep a mask on. She was also concerned that the food was not nutritional for children and arrived at an inappropriate time such as 8:00pm.

At the conciliation conference, the respondents acknowledged how difficult the situation had been for the family, and explained the significant issues involved in sourcing appropriate hotels to provide quarantine services to cope with the demand of returned travellers. The woman was satisfied with the discussions at the conciliation conference and felt that the issues had been satisfactorily addressed and resolved. As a gesture of goodwill, the hotel provided hotel vouchers to the family.

Summary
A social housing provider had a general rule that absences from the home of more than five months were not permitted. A mother of four children needed to leave her home for several months at a time to commence defence force training. She sought to better her employment opportunities, with her husband being the primary carer of the children. One of her four children had an intellectual disability and a hearing impairment. She was told by the housing provider that if she commenced the training as planned, she would be in breach of the five-month rule and the family would need to leave their home. As well as discriminatory on the grounds of family responsibilities, this decision engaged several human rights including protection of families and children, property rights, and freedom of movement.

Through conciliation it was agreed that the woman would be permitted to be absent from the property to complete the training, on the condition that she provide evidence of the requirement to attend, return to the property shortly after each absence, notify the housing provider once the training was completed, and continue to pay rent and maintain responsibility for the property during her absence.

Summary
A family was moving back to Queensland after living overseas, and requested to quarantine at home because their 8-year-old daughter has ASD, ADHD, anxiety, and obsessive behaviours. Because of her disability she is prone to meltdowns and has food aversions. The request for exemption from hotel quarantine was rejected.

The complaint was resolved on the basis that the family was allocated more appropriate hotel quarantine accommodation of a 2-bedroom apartment with a kitchen and balcony.

Summary
A man had an acquired brain injury, an inoperable brain aneurysm, and used a wheelchair. After a long recovery and more than 3 years of treatment in hospital and in rehabilitation facilities, he had become independent and started living at home, with a partner. One night the man accidentally fell out of his wheelchair, knocking his face on a tiled floor and becoming trapped under the 164 kg chair. While in the ambulance he requested a bottle so that he could urinate. Due to his dexterity challenges and the bumps on the road, he was splashed by some of the urine.

On arrival at the hospital, without asking, the nurses in attendance assumed he was incontinent and fitted him with disposable incontinence underwear. He says that he was not asked for his medical history and this made him concerned for his safety as he had a risk of haemorrhaging again if he hit his head in the wrong place. He requested that the doctor access his my health record but says he was told that it’s too late at night to access that .

During a shift change the man overheard nurses on shift discussing his condition, asking whether alcohol was involved, and commenting that he was incontinent. He felt he was treated as if he had been drunk and that was the reason for the fall. The man felt judged and humiliated by the experience.

Summary
A teenager held in remand in youth detention wanted to see his family for his birthday. However, due to restrictions imposed to prevent the spread of COVID-19, family visits were postponed at the centre. Through conciliation, the detention centre and the young person’s mother agreed on a plan to maintain family contact during the pandemic. The young person talked to his family for one hour on a video call for his birthday, and once the restrictions eased his family was able to visit him in person.

Summary
The Commission resolved an urgent complaint from a man who was experiencing homelessness. He had been evicted from crisis accommodation following an incident in which he said he was forced to take medication without consent. The man was distressed because he had no money and his personal possessions had been left behind when he was evicted.

The case manager from the crisis accommodation service clarified with the Commission that the man had not been removed for failing to take medication, but because he had threatened staff. Communication had broken down since the man had stopped answering their phone calls.

Through the intervention of the conciliator, direct communication was restored between the man and the case manager from the accommodation provider. The case manager explained to the man that he was not permanently evicted, but temporarily disqualified from the program for one month. The man then collected his belongings and found an alternative crisis accommodation service to move into.

In conversation with the case manager, the man acknowledged that he had been showing increased aggression and thanked the provider for returning his clothes after laundering them. The man commented that after making a complaint he had felt he had been really listened to by the case manager and since moving into another accommodation service he was doing much better.

Summary
A family of five adults and a three-year-old child were placed in mandatory quarantine after returning from overseas. Although they were Queensland residents, they had spent ten months in New Zealand. The three-year-old child has autism spectrum disorder, and while she was in quarantine it became clear that the environment was unsuitable for her needs and causing her distress.

The child experiences severe food aversions and her diet could not be catered for in quarantine. Usually, the mother relies on family to help care for the child, but was kept separate from other family members. The situation worsened when the mother was accidentally locked out of the room for half an hour, and the child became severely distressed.

Following early intervention discussions between a Commission conciliator and Queensland Health, the family was fast-tracked for an exemption to the requirement to quarantine in a hotel, and were able to return home for quarantining one day after lodging their complaint with the Commission.

Summary A woman was placed in mandatory quarantine at a hotel following a return from overseas during the COVID-19 pandemic emergency period. She experienced anxiety and panic attacks which were exacerbated by being in a closed space without natural air and light.

The woman lodged a complaint with the Commission after unsuccessfully raising the matter herself. Through the conciliation process it came to light that a recommendation that she be moved to a balcony room had been made but not actioned. The matter was swiftly resolved by the woman being moved to a balcony room.

Discrimination – impairment – State laws and programs

Summary
A man experiencing homelessness was living in his van parked in a council controlled beachside parking area. There were no parking restrictions or fees payable in the carpark. He chose the location because of its easy access to the toilets which were open 24 hours, as he needed to urgently use the toilets up to 15 times during the day and 5 times at night due to a medical condition. Despite raising his medical issues with council officers patrolling the area, the complainant was given fines for illegally camping at the park. The fines amounted to almost $3,000 – an amount he could not afford to pay.

The man’s advocate raised several human rights including the right not to have a person’s home arbitrarily interfered with (section 25). The man was experiencing strong pain when having to wake up frequently and drive to the toilets. He found interactions with the council officers embarrassing and he felt as though he wasn’t being treated with respect.

During conciliation the council stated that the man was in breach of a local law, which had the important purpose of protecting privacy and safety in the community. Council officers expressed that they had sometimes ignored or warned the man rather than fining him every time. The council also said that they had tried to link the man up with homelessness services.

To resolve the complaint, the council agreed to withdraw the remaining unpaid infringement notices. The man was reimbursed for the fines he had already paid. The council also agreed to undertake staff training on the Act.

Discrimination – impairment – State laws and programs – supplying goods or services

Summary
An older person who had serious back problems following an operation was having difficulty accessing a train station when escalators at the station were replaced by steep stairs. The complaint was resolved through the conciliation process in which it was agreed that escalators would be installed as part of a station upgrade.

Discrimination – impairment – State laws and programs – supplying goods or services

Summary
A woman who used a wheelchair complained to the council that the wheelchair access parking spaces at her local ferry terminal had been made unavailable during construction works. During conciliation the council showed a genuine willingness to consider what the woman had to say and expressed openness about reviewing their current policies and practices. As the outcome of conciliation, the council agreed to training on disability awareness for staff.

Discrimination – impairment – State laws and programs –  accommodation

Summary
An Aboriginal woman with a disability lived in social housing with her 3 children (who also have disabilities) and was issued with a Notice to Leave because of a serious breach of the tenancy agreement. The circumstances leading up to the eviction were in dispute, but QCAT made an order that the woman vacate the property.

After leaving the premises, the woman and her children were in unstable accommodation, and she understood that she could no longer receive any housing assistance from the social housing provider. The woman also raised concerns that while in the original property it took too long to arrange modifications to the social housing property to meet her disability needs so she could safely shower and access the kitchen.

The complaint settled on a financial sum and an expression of regret about the delay in progressing modifications to the property. The social housing provider also agreed to continue to provide services to her and her children, including supporting her to apply for appropriate and accessible accommodation in the area.