Dispute over elevator in Parliament Square development to go before High Court

A legal dispute on whether an elevator should be added to the north east corner of the Parliament Square development has been delayed again. LATEST >>

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The long running court dispute between a Hobart man who wants to see an elevator added to the northeast side of the Parliament Square development and the developer of the project is now set to go before the full bench of the High Court.

David Cawthorn, who is wheelchair bound has fought for four and half years to have the lift added to corner opposite Daci & Daci.

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

Previously, the Full Court of the Supreme Court had ruled the Anti-Discrimination Tribunal had jurisdiction to hear Mr Cawthorn’s complaint, but it was not heard by the tribunal when the developer sought leave for the matter to go before the High Court.

The appeal was granted on Friday.

“The two Judges who heard the application determined that the case was of national significance as the law is unsettled,” Mr Cawthorn’s solicitor Ben Bartl said.

“There is no High Court authority on the test to be applied when Tribunal’s are asked to consider questions involving the constitution.

“It is likely that this case will provide a definitive answer.”

Mr Cawthon said it was frustrating to see another delay.

“However, the High Court has determined that the legal questions raised in this case are of national significance and best answered by the Full Court of the High Court,” Mr Cawthorn said.

“I look forward to making my case in front of the highest court in this country and arguing for improved access to both justice and premises.”

Mr Cawthorn said it was a matter of discrimination.

HOBART, AUSTRALIA - NewsWire Photos APRIL 30 2021: Parliament Square Development, Hobart Waterfront. Images of Hobart CBD, Tasmania. Picture: NCA NewsWire / Richard Jupe

“Able bodied people don’t have to push up a steep hill or go 250 metres to around the plaza Mr Cawthorn said.

“It’s not just people with disabilities, it will be people with prams and the elderly trying to access the plaza.”

Mr Cawthorn said he would continue the fight.

“It’s about equal access and being able to access the same areas as able bodied people can.

“We’re still fighting the same battle as twenty years ago, getting access to public spaces.”

Citta Managing Director Stephen McMillan said the company did not believe Parliament Square was being built in a way that discriminates against people with a disability.

“Of the three access points to Parliament Square, it is only one which is being complained about in the anti-discrimination complaint,” Mr McMillan said.

“The other two access points specifically accommodate disability access.

“The application to the High Court is seeking to do no more than resolve what Citta and Parliament Square believes is an untenable conflict between the Federal Premises Standards, the Federal Disability Discrimination Act and the State Anti-Discrimination Act.”