Not necessarily. For example, if Qantas have the "two dogs max" policy, like other carriers, this is open to challenge. If it went to court it is possible that it would be ruled unlawful.
BW you are incorrect. There is a provision in the legislation that allows for the 'capability' of the provider. Best way to describe it is by booking a 5 seat taxi. It is permitted to carry 5 pasengers, but clearly is not permitted to carry 5 disabled persons PLUS their assistance animals.
QF's 'two animal' policy is quite legal, in that they are NOT refusing to carry animals, but clearly limiting the number based on their ability to adequately cater for their duty of care responsibilities.
That extends also to being able to adequately prepare and provide for such an event. Their policy requires that sufficient notice is provided to allow them to perform the service. Hence the restriction on disabled pax rocking up to the counter and expecting a level of service inconsistent with the carriers normal service provision. Do you expect if 150 disabled pax fronted for a particular service that the carrier MUST provide them with the capability?
From my reading of the (reported) facts, QF did not refuse to carry her. They said they could not carry her at the time for the flight she requested. I suspect that the lack of delegation at the counter to book /onload is a method of ensuring that the airline has sufficient time to prepare for the event (allocation of staff, time to brief, provision and fitting of protective mat etc) and thus meet their obligation under the legislation. It would be UNLAWFUL for them NOT to provide the facility, but it is reasonable in the circumstance to require a period of notice to ensure that their obligation is met.
Do we know what the timeframe was between her fronting to the counter, and the STD? That is the most relevant issue as to whether QF met their (implied) obligation.
An area of the law I am well acquainted with - even more so now having obtained a disability in my later years. I sure as heck do not front up at -26 like I used to and still get on. Disability requires adjustment by ALL parties.
Plainmaker