Webb v Surf Life Saving New South Wales [2020] NSWCATAD 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Surf Life Saving New South Wales [2020] NSWCATAD 232 Hearing dates: 5 August 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Ludlow, Senior Member Decision: Leave to proceed with the complaint of victimisation is refused. Catchwords: EQUAL OPPORTUNITY - application for leave to proceed with complaint - complaint of victimisation – whether fair or just to grant leave – whether respondent is a body carrying on activities otherwise than for profit Legislation Cited: Anti-Discrimination Act 1977 (NSW) Corporations Act 2001 (Cth) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Strong v The Hospitals Contribution Fund of Australia Ltd [2004] NSWADT 176 Tallong Park Association Inc v Sutherland [2007] NSWADTAP 19 Texts Cited: None cited Category: Procedural and other rulings Parties: Adam Webb (Applicant) Surf Life Saving New South Wales (Respondent) Representation: Solicitors: Applicant (Self Represented) Respondent (Self Represented) File Number(s): 2020/00193370 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Mr Webb, the applicant in these proceedings, seeks the leave of the Tribunal to proceed with his complaint under s 96 of the Anti-Discrimination Act 1977 (the AD Act). On 5 September 2019 the President of the Anti-Discrimination Board of NSW received a complaint under the AD Act from Mr Webb against the respondent, Surf Life Saving NSW (SLSNSW). The applicant alleged that he had been victimised by having his membership of the Mollymook Surf Life Saving Club (MSLSC) suspended. He claimed that he was victimised for supporting a female club member who had been discriminated against by the MSLSC. 2. The President declined the complaint on 29 May 2020 on the basis that: 1. SLSNSW is a voluntary body within s 57 of the AD Act which provides an exemption for such bodies in respect of any rule or practice which restricts admission to membership. 2. The complainant's membership was suspended in accordance with the membership rules and practices of the SLSNSW. 3. The conduct of the respondent did not disclose a contravention of the AD Act. 1. On 18 June 2020 the applicant requested that the complaint be referred to this Tribunal under s 93A of the AD Act.