Can an airline refuse to fly me because I have a disability?

What the Law Says

Australian law prohibits airlines from refusing carriage to people with disabilities unless specific safety or operational exceptions apply — and even then, they must first consider reasonable adjustments.

The Disability Discrimination Act 1992 (Cth) makes it unlawful for service providers — including airlines operating in or to Australia — to discriminate against a person on the ground of disability. This includes refusing to provide a service (like air travel) or providing it on less favourable terms.

Section 24 of the DDA specifically addresses access to premises and services related to air travel. It requires airlines to make 'reasonable adjustments' to ensure people with disabilities can access and use their services, unless doing so would cause 'unjustifiable hardship'.

An airline may only refuse carriage if it can prove that flying the person poses a 'direct threat' to the health or safety of others — and even then, it must assess whether reasonable adjustments (e.g., additional assistance, modified seating, or staff training) could eliminate or reduce that risk.

Statutory Text

It is unlawful for a person, in connection with the provision of goods, services or facilities, to discriminate against another person on the ground of disability.

— Disability Discrimination Act 1992, s. 24 — Discrimination in provision of goods, services and facilities

Statutory Text

For the purposes of this section, a person does not discriminate against another person if the person makes reasonable adjustments...

— Disability Discrimination Act 1992, s. 24(2) — Reasonable adjustments

What to Do

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