Malouf v NSW Department of Communities & Justice [2021] NSWCATAD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Malouf v NSW Department of Communities & Justice [2021] NSWCATAD 69 Hearing dates: On the papers Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: Leave to proceed with the complaint is refused under s 96(1) of the Anti-Discrimination Act 1977 (NSW). Catchwords: HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave EQUAL OPPORTUNITY — discrimination in goods and services – refusal of service - terms of the service Legislation Cited: Anti-Discrimination Act 1977(NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Munt v Workers Compensation Independent Review Officer [2020] NSWCATAD 156 Rodwell v Terrey Hills Golf & Country Club Holdings Ltd trading as Terrey Hills Golf & Country Club [2014] NSWCATAD 34 Spence v Roberts (No 2) [2006] NSWADT 361 Texts Cited: None cited Category: Procedural rulings Parties: Frederick Malouf (Applicant) NSW Department of Communities & Justice (Respondent) Representation: Applicant (Self Represented) Respondent (Self Represented) File Number(s): 2020/00344237 Publication restriction: None

REASONS FOR DECISION

Background 1. On 18 February 2020 the President of the Anti-Discrimination Board received a complaint of disability discrimination in goods and services from Mr Frederick Malouf, the applicant in these proceedings. 2. The President's delegate declined the complaint under s 92(1)(a)(vi) of the Anti-Discrimination Act 1977 (the ADA) after being satisfied that the Department of Communities and Justice (the respondent) had taken appropriate steps to remedy or redress the conduct complained of. On 30 November 2020 Mr Malouf requested that the matter be referred to this Tribunal under s 93A of the Act. Mr Malouf seeks leave to proceed with his complaint in this Tribunal.