James v NSW Department of Communities and Justice [2021] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v NSW Department of Communities and Justice [2021] NSWCATAD 118 Hearing dates: 12, 13, 14, 15, 16 October 2020 Date of orders: 10 May 2021 Decision date: 10 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member F Given, General Member Decision: (1) The Complaint made by Ms James and referred by the President of the Anti-Discrimination Board to NCAT on 25 February 2019 is not substantiated. (2) The application for costs made by the Secretary, NSW Department of Communities and Justice, is refused. Catchwords: HUMAN RIGHTS — Anti-Discrimination Act 1977 (NSW) — victimisation — whether the discriminator subjected the applicant to a "detriment" — if so, whether it was "on the ground" that the applicant did one of the things listed in s 50(1) of the Anti-Discrimination Act 1977 (NSW) HUMAN RIGHTS — Anti-Discrimination Act — disability discrimination — whether "less favourable treatment" established — whether any less favourable treatment was on the ground of the applicant's disability, real or perceived COSTS — whether "special circumstances" established — whether discretion to award cost should be exercised Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Anti-Discrimination Act 1977 (NSW) Cases Cited: Bonella v Wollongong City Council [2001] NSWADT 194 Chi v Technical and Further Education Commission (No 3) [2009] NSWADT 271 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 James v Department of Justice, Corrective Services NSW [2017] NSWCATAD 238 James v State of NSW (Department of Justice (Corrective Services NSW)) [2020] NSWCATAD 117 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 Penhall-Jones v New South Wales [2007] FCA 925 Nicholls & Nicholls v Director-General Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v New South Wales [2003] HCA 62; (2003) 217 CLR 92 Sivananthan v Commissioner of Police [2001] NSWADT 44 Tebb v State of NSW [2020] NSWCATAD 85 Texts Cited: Nil Category: Principal judgment Parties: Rita James (Applicant) NSW Department of Communities and Justice (Respondent) Representation: Counsel: D Mahendra, Counsel (Respondent)