Munt v Workers Compensation Independent Review Officer [2020] NSWCATAD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Munt v Workers Compensation Independent Review Officer [2020] NSWCATAD 156 Hearing dates: 6 May 2020; 28 May 2020 (final submissions) Date of orders: 22 June 2020 Decision date: 22 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: Leave for the complaint to proceed under s 96(1) of the Anti-Discrimination Act 1977 (NSW) is refused. Catchwords: HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave

EQUAL OPPORTUNITY — whether impugned falls within s 49M of the Anti-Discrimination Act 1977

COURTS AND TRIBUNALS — whether Workers Compensation Independent Review Officer is "a State" for the purposes of Ch III of the Constitution Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns; New South Wales v Burns [2018] HCA 15 Commissioner of Police v Mohamed [2009] NSWCA 432 Deputy Federal Commissioner of Taxation v State Bank of NSW (1992) 174 CLR 219; [1992] HCA 6 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 Kitoko v Sydney Local Health District [2017] NSWCATAD 209 Langley v Niland & Anor (1981) 2 NSWLR 104 Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Turner v State Transit Authority [2004] NSWADT 89 Whitfield v State of NSW (NSW Police Force) [2011] NSWADT 265 Texts Cited: New South Wales Law Reform Commission, Report 92 - Review of the Anti-Discrimination Act 1977 (NSW), (1999) Category: Procedural and other rulings Parties: Shane Munt (Applicant) Workers Compensation Independent Review Officer (Respondent) Representation: Solicitors: Applicant (Self Represented) General Counsel, Workers Compensation Independent Review Officer (Respondent) File Number(s): 2020/00112300 Publication restriction: Nil