30.06.2013 Views

2007 PhD Thesis Final Revised.pdf - Curtin University

2007 PhD Thesis Final Revised.pdf - Curtin University

2007 PhD Thesis Final Revised.pdf - Curtin University

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

endeavouring to address such issues, the result is that people who are blind or vision<br />

impaired are likely to have an inconsistent experience when locating government<br />

information. This again results in a disability divide for information retrieval.<br />

5.3 Legal precedents regarding access to information<br />

technology for people with disabilities<br />

The policies regarding provision of online information by government appear to have<br />

limited impact, but at least they are guided by policies that take account of disability<br />

needs. There is no IT-specific policy relating to provision of IT for people with<br />

disabilities outside of the government sector. For example, there is no obligation for<br />

private industry to ensure that public web site information is accessible. As<br />

previously discussed, the DSA and the DDA must be interpreted by HREOC should<br />

issues regarding the provision of computing and Internet-based technologies for<br />

people with disabilities arise. In recent years the importance of access to online<br />

information has increased due to the near exponential increase of online information.<br />

Two of the most significant cases in this respect are the Scott v Telstra case and the<br />

Maguire v SOCOG case.<br />

The Scott v Telstra case came about when a hearing impaired man requested<br />

that TTY services be provided for the cost of standard telephone services (Clear,<br />

2000). Scott argued that the refusal of Telstra to meet this request resulted in Scott<br />

losing access to business opportunities, telecommunication facilities and most<br />

importantly, access to emergency services. The ABS estimated that approximately<br />

35,000 people could potentially be discriminated against due to similar disability<br />

requirements, leading to the HREOC ruling that Telstra had an obligation to cater for<br />

equal telecommunications access to people with disabilities (Bourk, 2000). This case<br />

was highly significant as it was the first in Australia to demonstrate that the IT needs<br />

of people with disabilities must be supported in particular circumstances. The case<br />

demonstrated that people with disabilities have a right to expect the provision of AT<br />

products in relation to telecommunications.<br />

The second and highly relevant case was Maguire v SOCOG (already<br />

mentioned above). In 1999 a blind man named Bruce Maguire required ticketing and<br />

95

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!