Assessing reasonable adjustments

We received a complaint about an officer’s conduct during an application for a personal safety intervention order. The complaint alleged (among other things) that the Officer had engaged in discriminatory conduct by denying the complainant, a Deaf person, the use of an Auslan interpreter.

We investigated the complaint by listening to the audio recording of the proceeding. At the start of the proceeding, the complainant and the Officer had an exchange, and after answering a few questions, the complainant expressed some difficulty in understanding when the Officer’s head was down as they were unable to lip read.

Officers have a duty to ensure a fair hearing and assess whether any adjustments are required to support effective communication during a hearing. It is a matter for an officer to determine whether and what reasonable adjustments are required to fairly conduct a hearing, based on their assessment of a party’s needs.

We found that the Officer did fulfil their duty to assess the complainant’s communication needs and explained their assessment. They also discussed with the complainant what reasonable adjustments (other than an interpreter) could be made to support effective communication during the hearing, which the complainant agreed would be suitable.

Although an Auslan interpreter was not used, the Officer did not deny the complainant access. Rather, the Officer made a concerted effort throughout the hearing to ensure that the complainant was following and understanding the proceeding, explaining matters using clear language, repeating things when necessary and confirming with the complainant that they understood questions or procedural decisions.

Therefore, we dismissed the complaint on the basis that it was not substantiated.