Case 33: Man compensated for discriminatory ban from council buildings

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Paul Slattery had multiple disabilities, including bipolar disorder, posttraumatic stress disorder and an acquired brain injury. He made thousands of written and verbal omplaints to Manningham City Council that were critical of Councillors and Council employees. Some of Mr Slattery’s correspondence alleged corruption and much of it contained inappropriate language. The Council responded by banning Mr Slattery from attending any building whatsoever that was owned, occupied or managed by the Council and restricted his ability to communicate with the Council. Mr Slattery brought proceedings in the Victorian Civil and Administrative Tribunal claiming that the Council, as a public authority under the Charter, had breached its obligation to act compatibly with, and give proper consideration to his human rights. He also raised breaches of antidiscrimination laws. The Tribunal noted that Mr Slattery’s behaviour was to a significant extent a symptom of his disability. It decided that the Council’s ban unjustifiably limited his rights to participate in public life, to freedom of expression and to enjoy his human rights without discrimination. The ban was not justified because there were less restrictive means available to achieve the purpose of the ban, which was to protect employee health and safety. The Tribunal ordered that the Council revoke the ban, pay Mr Slattery compensation and that the CEO, directors and councillors undergo training on the Charter.

Sources: 2013 Report on the Operation of the Charter of Human Rights and Responsibilities, p. 54; Slattery v Manningham City Council [2013] VCAT 1869. See our case summary here: https://www.hrlc.org.au/human-rights-case-summaries/vcat-finds-breach-of-the-charter-in-recent-discrimination-case