Rina Santini obo Antonio Santini v Associazione Internazionale Trevisani nel Mondo [2020] NSWCATAD 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rina Santini obo Antonio Santini v Associazione Internazionale Trevisani nel Mondo [2020] NSWCATAD 236 Hearing dates: 11 September 2020 Date of orders: 23 September 2020 Decision date: 23 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Ludlow, Senior Member Decision: Leave to proceed with the complaint of disability discrimination is refused. Catchwords: EQUAL OPPORTUNITY - application for leave to proceed with complaint – refusal of membership application – exempt conduct of voluntary bodies – lack of jurisdiction Legislation Cited: Anti-Discrimination Act 1977 (NSW) 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: Rina Santini obo Antonio Santini (First Applicant) Rina Santini (Second Applicant) Associazione Internazionale Trevisani Nel Mondo (Respondent) Representation: Solicitors: Applicant (Self Represented) Respondent (Self Represented) File Number(s): 2020/00223953 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Mrs Santini, the applicant in these proceedings, seeks the leave of the Tribunal to proceed with complaints of discrimination under s 96 of the Anti-Discrimination Act 1977 (the AD Act) on her own behalf and on behalf of her husband, Antonio Santini. On 8 August 2019 the President of the Anti-Discrimination Board of NSW received the complaints against the respondent, the Associazione Internazionale Trevisani nel Mondo (AITM). The applicant alleged that the AITM discriminated against her husband on the grounds of his disability and against herself on the ground of her association with her husband, by refusing their applications for membership and refusing to sell them tickets to a concert. 2. The President declined the complaints on 22 April 2020 on the basis that they were lacking in substance. 3. On 18 May 2020 the applicant requested that the complaint be referred to this Tribunal under s 93A of the AD Act.