Both PWDA and the Public Interest Advocacy Centre (PIAC) have taken the stance that a breach of the Transport Standards is unlawful, constituting ‘unlawful discrimination’ under the DDA.
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Amongst the recommendations made in PIAC’s submission, it advocated that “the Australian Human Rights Commission Act 1986 (Cth) be amended to insert a cost determination model”. That model would ensure applicants would not be liable for adverse costs, while respondents would be liable for adverse costs if found to be discriminatory or non-compliant with the Transport Standards.