Background
 In
1997, Scarlett Finney had applied to attend
 Hills
Grammar School.
Scarlett had spina bifida and as a result she had
certain mobility restrictions. Consequently she
required a degree of adaptation of school
facilities. These, were later contended to be minor
amendments and Scarlett presented evidence that
amendments of this type would benefit all of the
children at the school. Furthermore she claimed
these would provide extensive benefits to the
inclusion of children with disabilities in schools
to both the school, other students and to the
students with disabilities themselves.
The Hills Grammar School
argued that the benefits were not so apparent. The
school argued the costs of altering the physical
structure of the school were substantial and would
impose a significant financial burden on the
school. Accordingly, the school sought to rely
upon
the defence of unjustifiable
hardship.
Complaint
before HREOC
The dispute could not be
resolved between the parties and the Finneys lodged
a complaint with HREOC. The complaint could not be
conciliated and a hearing was held before
Commissioner Innes. The hearing lasted for 10 days
and solicitors and counsel represented both the
Finneys and the school.
 The
school gave evidence that estimated modifications
would cost more than 1 million dollars. The
Commission found that this estimate was based on
the needs of users of wheelchairs generally and did
not address the needs of Scarlett who did not need
to be in a wheelchair all of the time.
Evidence at the hearing
demonstrated that the actual costs of accommodation
Scarlett’s needs would be significantly less
than the school’s estimate. The Commission
found that minor modifications to the school
curriculum to reduce the distances required to be
travelled from class to class by Scarlett would not
greatly impact upon the whole school.
Despite evidence given by the
school of debt of over 5 million dollars, the
Commission found that the school had sufficient
surplus funds to carry out some modifications and
employ additional staff.
Commissioner Innes found, as
the defence of unjustifiable hardship
was not made out in all the circumstances,
there would have been no basis for the school to
reject Scarlett's application for enrolment and
therefore there was unlawful discrimination by the
Hills Grammar. The Commission ordered the parties
to meet and discuss the most appropriate resolution
whether that be compensation or the acceptance of
Scarlett’s enrolment.
The Hills Grammar School
appealed HREOC's decision in the Federal Court.
Rally for Education
Rights
On 11 April, 2000 PDCN
organised a rally in support of equal access rights
to education. The rally was timed to coincide with
the Appeal in the Federal Court in which Hills
Grammar School was attempting to reverse a
judgement by the Human Rights and Equal
Opportunities Commission that the school had
unfairly discriminated against Scarlett Finney.
Over 100 people participated in this rally
.
Federal Court
Appeal
On 18 May 2000 Justice
Tamberlin upheld the Commissioner's decision and
dismissed the School's application with costs. On
the 13 June 2000, HREOC awarded costs for
discrimination in refusing enrolment and determined
the School pay the sum of $42,628 to Mr and Mrs
Finney, as trustees for their daughter Scarlett
Finney.
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