Australia. Federal Magistrates Court of Australia
Joanna Agius (the applicant) sought remedies for alleged discrimination against her by St Vincent's Health (the respondent). The applicant is deaf. On three separate occasions the applicant attended the Emergency Department at the respondent's premises.
The applicant claimed that on each occasion the respondent discriminated against her in that they did not ensure that an accredited Auslan interpreter assisted her. The applicant also claims that the respondent imposed a 'requirement or condition' on her that she access and/or received medical treatment without the assistance of an Auslan interpreter.
On each occasion, the applicant attended with a friend, an Auslan student, to assist her in communicating with staff. The applicant also used written English to communicate. On each occasion the applicant received appropriate medical treatment and did not complain about feeling upset or humiliated after each visit to the respondent's Emergency Department.
The respondent contended that the applicant had the assistance of her friend, an Auslan student, and that on one occasion they had booked an Auslan interpreter to assist, however the interpreter had fallen ill and could not attend. The respondent argued that the applicant was able to access and receive medical treatment on each occasion. This was accepted by the Court.
The Court held that the respondent has not discriminated or imposed a 'condition or requirement' that the applicant receive medical attention without the assistance of an Auslan interpreter. The application was dismissed.
Health Insurance (Complying Product) Amendment Rules 2012 (No.
F2012L01888 " as made
Health Insurance (Benefit Requirements) Amendment Rules 2012 (No.
F2012L01887 " as made
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