Caulfield v Bellingen Shire Council [2021] NSWCATAD 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caulfield v Bellingen Shire Council [2021] NSWCATAD 267 Hearing dates: On the Papers Date of orders: 15 September 2021 Decision date: 15 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Tibbey, Senior Member Dr M. Murray, General Member Decision: (1) The application for dismissal of the complaint is granted. (2) The complaint is dismissed. Catchwords: HUMAN RIGHTS – discrimination- enforcement of settlement – whether Deed of Settlement and Release precludes applicant for continuing with claim. Legislation Cited: Anti-Discrimination Act, 1977 (NSW). Civil and Administrative Tribunal Act 2013 (NSW). Category: Principal judgment Parties: Anthony Caulfield (Applicant) Bellingen Shire Council (Respondent) Representation: Applicant - Self Represented Respondent – Adam Dansie, Local Government NSW. File Number(s): 2021/00080160

REASONS FOR DECISION 1. This was an application for a Complaint under the Anti-Discrimination Act, 1977(NSW) (referred to here as 'the Act') to be dismissed on the basis that the parties had entered into a Deed of Release that included this application.

Background 1. On 15 September 2020 the President of Anti-Discrimination NSW (formerly known as the Anti-Discrimination Board) received a complaint under the Act from Mr Anthony Caulfield, (referred to here as 'the applicant') alleging discrimination in the workplace on the grounds of homosexuality. The file reference allocated to the complaint by Anti-Discrimination NSW was C2020/0556. The relevance of this assignation is discussed below. 2. On 10 March 2021 the Delegate of the President of Anti-Discrimination NSW formed the view that the matter was unable to be resolved by conciliation and should therefore be referred to the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal (referred to here as 'the Tribunal') pursuant to s 93C of the Act. 3. The proceedings were therefore referred to the Tribunal. They bear an NCAT file number 2021/00080160. On 21 April 2021 the Tribunal held a case conference at which the respondent appeared but the applicant did not. The respondent argued that the matter had been settled as set out in a Deed of Release in other proceedings. 4. A further case conference was held on 5 May 2021 where the applicant indicated that he did not share the view expressed by the respondent that the matter had been resolved. Directions were therefore made for the filing of any submissions regarding the matter. 5. The applicant filed an application setting out his request that the Tribunal consider the matter, which he did not regard as having been finalised. The respondent also filed submissions and an affidavit by Ms Elizabeth Jeremy dated 24 May 2021. 6. Both parties have consented to the application made by the respondent to dismiss the matter being considered by the Tribunal "on the papers," without further oral hearing.