Inquiry sufficient to establish facts which would reasonably support a valid conclusion was a pre-requisite. The complaint against the Council had alleged liability on the part of the Council by reason of section of the DDA which provides as follows: Children under 14 years are not permitted in this attraction without a supervising adult. The figure only assumed more significance when the application fell for consideration by Ms Kilbourne. I wouldn't even use the term that I would shepherd it through that process.
It was in the position of having to do all that was reasonable in properly informing its belief that the operator could avoid liability under the DDA by failing to provide access to persons with disabilities. The Big Banana Fun Park can refuse entry or ask patrons to leave without refund. It will be necessary to refer in greater detail below to the evidence of Mr Colquhoun but it can be noted here that Mr Colquhoun's professional engagement was as a consultant architect engaged by the operator. So rather than it being a last-minute thing, it's set up in advance. His Honour noted that the first step in establishing liability under section was to establish an unlawful act on the part of the principal - in this case, the operator. The Council does not dispute that by granting the development application without attaching the relevant condition for persons with disabilities it permitted the operator to do an act which was unlawful under the DDA. In my view the Council cannot in this case satisfy that onus to which it was subject by relying only on what it did. Choovie, a Melbourne-based start-up which launched in March after two-and-a-half years of development, has been trialling in 20 independent cinemas and will soon have 11 more on board. In addressing this question matters of principle arise. A significant part of the earlier discussions had focused on the provision of suitable access for persons with disabilities. Therefore the Council on that account had to do all that was necessary to ensure on its part the integrity of an honest and reasonable belief that the operator could avoid liability under the DDA. Some further evidence was heard and Counsel for both parties agreed to provide written submissions by 31 March The complaint against the Council was based on the allegation that the Council had acted unlawfully in that it had "permitted" the operator to do an act that was unlawful, namely to provide the cinema premises without the provision for access for persons with disabilities. Photographs and videos taken by you must be of your family or group and for your own personal use and enjoyment, not for commercial purpose. In analysing this issue it is necessary to turn first to the evidence of Mr Colquhoun himself. His statement says that it was prepared for the purpose of the operator's submission to Council dated 26 April There is evidence that after the application was made Mr Hannon had a discussion with Mr Colquhoun and the operator and that this discussion had focussed on the fact that the proposal in respect of which the approval was sought did not provide for any access for persons with disabilities. This inquiry focussed solely on this issue. Likewise he regarded the operator as a good corporate citizen in Coffs Harbour whose "bona fides" were accepted. This proposal for the redevelopment of the cinema had been preceded by an earlier proposal for a much more extensive redevelopment and this had been the subject of discussions between Council officers. Her major concern was the lack of provision for access for persons with disabilities and that this may involve a breach of the Disability Discrimination Act Cth "the DDA". This issue had been concluded by the decision of Commissioner Keim and was an agreed fact in the inquiry before Commissioner Nettlefold. In my view neither form of relief is appropriate in this case. In my view what it did was not sufficient to discharge the onus to which it was subject. Probably concurrently with this there was a builder engaged who was preparing the actual construction for the job.
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