EKZ v Active Kids Group Pty Ltd [2020] NSWCATAD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EKZ v Active Kids Group Pty Ltd [2020] NSWCATAD 20 Hearing dates: 3 June 2020 Date of orders: 26 August 2020 Decision date: 26 August 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member E Hayes, General Member Decision: (1) The complaint of discrimination on the grounds of disability is dismissed. Catchwords: EQUAL OPPORTUNITY — direct discrimination — determination of less favourable treatment EQUAL OPPORTUNITY — distinction between direct and indirect discrimination Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (Cth) Cases Cited: Catholic Education Office v Clarke (2004) 138 FCR 121; [2004] FCAFC 197 Hurst v Queensland (2006) 151 FCR 562; [2006] FCAFC 100 Purvis v New South Wales (Department of Education and Training) (2013) 217 CLR 92; [2003] HCA 62 Waters v Public Transport Corporation (1992) 173 CLR 349; [1991] HCA 49 Texts Cited: None cited Category: Principal judgment Parties: EKZ and ELA (Applicants) Active Kids Group Pty Ltd (Respondent) Representation: In person (Applicants) Penhall & Co Lawyers (Respondent) File Number(s): 2019/00400927 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, publication of the name of the Applicants, EKZ and ELA and their son, ELB is prohibited.