Brala v Cabramatta Golf Club Limited [2020] NSWCATAD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brala v Cabramatta Golf Club Limited [2020] NSWCATAD 217 Hearing dates: 24 June 2020; 16 July 2020 (final submissions) Date of orders: 3 September 2020 Decision date: 03 September 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 — discrimination by registered club — whether impugned conduct falls within s 49M or s 49O of the Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 (NSW) Registered Clubs Act 1976 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Procedural and other rulings Parties: Anthony Brala (Applicant) Cabramatta Golf Club Limited (Respondent) Representation: Solicitors: Applicant (Self Represented) Pigott Stinson Lawyers (Respondent) File Number(s): 2020/00121238 Publication restriction: Nil

REASONS FOR DECISION 1. In August 2018, the Board of Directors of the Cabramatta Golf Club Limited (respectively "the Board" and "the Club") terminated Mr Anthony Brala's membership of that Club. The stated reason for that decision was Mr Brala's conduct at the Club's 2018 Annual General Meeting. Mr Brala was a "social member" of the Club. Under the Club's constitution, only "Full Playing Members" and Life members are entitled to attend and participate in the Club's AGM. 2. In April 2019, Mr Brala lodged a complaint (the Complaint) with the President of the NSW Anti-Discrimination Board (the President) alleging that in contravention of the Anti-Discrimination Act 1977 (NSW) (the Act), the Club had discriminated against him on the ground of disability. Mr Brala's primary complaint was the decision by the Club to terminate his membership. In addition, he alleged that the Board failed to investigate his complaints of being bullied and harassed by staff and members of the Club. 3. After investigating the Complaint, the President exercised the discretion to decline the Complaint, on the ground that it was "lacking in substance": s 92(1)(a)(i) of the Act. At Mr Brala's request, the President referred the Complaint to the NSW Civil and Administrative Tribunal (NCAT) as required by s 93A of the Act. 4. Because the President has declined the Complaint, it cannot proceed without leave of the Tribunal: s 96(1) of the Act. Mr Brala urges the Tribunal to grant leave, submitting that there was substance to the Complaint. The Club disagrees and urges the Tribunal to refuse leave. 5. I have decided not to grant leave for the Complaint to proceed for the reasons that follow.