Does the High Court decision in Purvis v NSW mean there is no duty of reasonable adjustment under the DDA?
No. The decision of the Full Federal Court in Clarke v Catholic Education Office makes clear that the decision of the High Court in Purvis v NSW deals only with the limits of the meaning of direct discrimination under the DDA, and is not a decision that there is no duty under the DDA to provide reasonable adjustments to accommodate a person’s disability. Reasonable adjustments may be required to avoid a finding of indirect discrimination. The failure to provide accommodation for a person with a disability may result in that person being unable to comply with a requirement or condition and, if this is considered to be unreasonable in all of the circumstances of the case, this may result in a finding of indirect discrimination. The following extracts from the decision of Justices Sackville and Stone set the relevant principles out clearly. “In Purvis, the student had exhibited violent behaviour at school in consequence of a condition attributable to brain damage suffered in infancy. The
No. The decision of the Full Federal Court in Clarke v Catholic Education Office makes clear that the decision of the High Court in Purvis v NSW deals only with the limits of the meaning of direct discrimination under the DDA, and is not a decision that there is no duty under the DDA to provide reasonable adjustments to accommodate a person’s disability. Reasonable adjustments may be required to avoid a finding of indirect discrimination. The failure to provide accommodation for a person with a disability may result in that person being unable to comply with a requirement or condition and, if this is considered to be unreasonable in all of the circumstances of the case, this may result in a finding of indirect discrimination. The following extracts from the decision of Justices Sackville and Stone set the relevant principles out clearly. “In Purvis, the student had exhibited violent behaviour at school in consequence of a condition attributable to brain damage suffered in infancy. The
