‘Uphill battle’ over Parliament Square disability access to hit full bench of High Court next week

“Next week, before the Full Bench of the High Court, I will get my chance to say it loud and say it clear: We don’t want an uphill battle. We just want equal access.”

DISABILITY advocate David Cawthorn is preparing to fight a precedent-setting High Court battle next week that if he loses, he says “will set disability rights back 40 years”.

Mr Cawthorn, who has paraplegia and relies on a wheelchair for mobility, has spent the past five years battling the developers of Parliament Square for lift access on Murray Street.

The case has wound its way through the Anti-Discrimination Tribunal, the Supreme Court of Tasmania, and will on February 8 be heard by the full court of the nation’s highest court – in a major battle that has been joined by every state of Australia plus the Commonwealth, along with the Australian Human Rights Commission.

The Tasmanian government has sided with developer Citta Hobart, which has also won support of the Commonwealth.

By contrast, the Australian Human Rights Commission has intervened in disagreement with the developer, a position joined by the states of NSW, South Australia, Victoria, Western Australia and Queensland.

“Why has the Attorney-General sided with the developer – a multimillion dollar developer?” Mr Cawthorn said.

David Cawthorn speaking about disabled access to Parliament Square that is currently under construction. Picture: LUKE BOWDEN

“If it gets up, it will set disability rights back 40 years.”

Mr Cawthorn and his lawyer Ben Bartl said due to Covid, the High Court had stopped holding face-to-face hearings in Canberra, so the pair would travel to Melbourne to take part via video link with their legal team.

He said the case was important as it would determine whether tribunals could form their own view in cases concerning constitutional defences.

Mr Cawthorn said the case would also determine whether federal building access standards overrode Tasmania legislation that “prohibits disability discrimination”.

“Next week, before the Full Bench of the High Court, I will get my chance to say it loud and say it clear: We don’t want an uphill battle. We just want equal access,” he said.

The Parliament Square development, Murray Street, Hobart. Picture: NCA NewsWire/Richard Jupe

Tasmanian Attorney-General Elise Archer previously said she took “no pleasure” intervening in the case, but said it was necessary “to seek clarification from the courts on the proper interpretation of Tasmania’s laws”.

Mr Cawthorn has argued it is unfair wheelchair users should be forced to use another, level access point known as “the arch” further up the hill in Murray Street, or a third point about 150m away on Salamanca Place.

The recently-opened landmark project in the block behind Parliament House includes government office spaces, open public areas, shops, cafes, and the luxury Marriott hotel, The Tasman.

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Originally published as ‘Uphill battle’ over Parliament Square disability access to hit full bench of High Court next week