Lees v Blacktown Arts and Crafts Group [2021] NSWCATAD 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lees v Blacktown Arts and Crafts Group [2021] NSWCATAD 261 Hearing dates: 4 August 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: Leave for the complaints to proceed is refused. Catchwords: EQUAL OPPORTUNITY - application for leave to proceed with complaints – victimisation – detriment – lack of evidence Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Prakash v Bobb Borg Pty Ltd [1999] NSW ADT 73 Category: Procedural rulings Parties: Jeffrey Lees (First Applicant) Michael Moore (Second Applicant) Blacktown Arts and Crafts Group (First Respondent) Brenda deSmid (Second Respondent) Representation: Applicants self-represented Brenda deSmid (First Respondent and self-represented) File Number(s): 2021/186461

reasons for decision

Background 1. Jeffrey Lees and Michael Moore (the Applicants) seek the leave of the Tribunal to proceed with complaints under s 96 of the Anti-Discrimination Act 1977 (the AD Act). On 3 July 2020 the President of the Anti-Discrimination Board of NSW (the ADB) received 4 complaints under the AD Act from the Applicants against the Respondents, the Blacktown Arts and Crafts Centre (First Respondent) and its President, Brenda deSmid (Second Respondent). The Applicants alleged that the Respondents had victimised them by refusing their applications for membership to the First Respondent because they had previously brought anti-discrimination proceedings against the First Respondent in 2010. 2. On 24 May 2021 the President's delegate declined the complaints against the First Respondent as not disclosing a contravention pursuant to section 92(1)(a)(ii) of the AD Act and against the Second Respondent as lacking in substance pursuant to section 92(1)(a)(i) of the AD Act. The reasons provided by the ADB were stated as: Based on the information provided by both parties, the complaint against Blacktown Arts and Crafts Group does not amount to a contravention of the Anti-Discrimination Act 1977 (NSW) because the group is a voluntary body under s57 which can make membership decisions without regard to the Act. The complaint against Ms deSmid lacks substance as she rejected the complainants' membership request because they are ineligible under the constitution, not because they had previously brought a complaint of discrimination against the respondent. 1. On 10 June 2021 the Applicants requested that the complaints be referred to this Tribunal under s 93A of the AD Act. The leave hearing took place on 4 August 2021 by telephone. The Applicants appeared on their own behalf and the Second Respondent appeared on her behalf and on behalf of the First Respondent. The parties relied on the responses provided to the ADB and made oral submissions at the leave hearing.