To make a complaint under the DDA, even when there is systemic discrimination, one needs to single out a specific body/organisation/venue.

In this case, as with many potential cases, no further action would be
taken by the Commissioner under the logic that to single out a specific
body/organisation/venue as eventually legislation will come in to ban smoking in public places, would be inappropriate.

5 years it has taken me to learn this!

The added irony to all of this is that there already is legislation in place
which is supposed to ensure safe workplaces, which would mean smoke free places - the Occupational Health and Safety Act.

The first Decision, 25 September 1997, recognised that the Hilton Hotels of Australia Pty Ltd unlawfully discriminated against myself and Mr Neil Francey (my associate) as they permitted smoking which prevented access to goods and services.

This decision did make a positive impact but the actual power of the Commission to make real physical change to benefit the lives of those with disabilities exacerbated by smoke is indeed very limited.

Where do we go from here???