FBY v Secretary, NSW Ministry of Health [2021] NSWCATAD 319

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FBY v Secretary, NSW Ministry of Health [2021] NSWCATAD 319 Hearing dates: 6 August 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Deputy President Decision: The application made by the respondent to dismiss the Complaint is refused. Catchwords: HUMAN RIGHTS – discrimination – whether power to dismiss complaint summarily under s 102 of the Anti-Discrimination Act 1977 should be exercised HUMAN RIGHTS – discrimination by qualifying body under s 49J of the Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Private Health Facilities Act 2007 (NSW) Private Health Facilities Regulation 2017 (NSW) Cases Cited: Commissioner of Police, New South Wales Police Service v Orr [2001] NSWADTAP 16 Dionisatos v Acrow Formwork & Scaffolding Pty Ltd [2015] NSWCA 281 Eagle Arts and Vocational College v State of New South Wales [2018] NSWCATAD 147 Eagle Arts and Vocational College v State of NSW [2018] NSWCATAD 147 Khoury v Government Insurance Office of NSW [1984] HCA 55; (1984) 165 CLR 622 Kitoko v Sydney Local Health District [2018] NSWCATAP 38 Murtough v NSW Bar Association [2011] NSWADT 243 Secretary, Department of Communities and Justice v Tebb [2020] NSWCATAP 179 Seventh Day Adventist Church (North NSW Conference) Ltd v Seupule-Feau [2016] NSWCATAP 256 Tebb v State of NSW [2020] NSWCATAD 85 The Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Private Health Facilities Act 2007 (NSW) Texts Cited: Communicable Diseases Network of Australia, Australian National Guidelines for the Management of Health Care Workers Known to be Infected with Blood-Borne Viruses (2012) Communicable Diseases Network of Australia, Australian national guidelines for the management of healthcare workers living with blood borne viruses and healthcare workers who perform exposure prone procedures at risk of exposure to blood borne viruses (2018) NSW Health, Interim Guidelines for Health Care Workers with HIV Infection Performing Exposure Prone Procedures Working for NSW Health (2015) NSW Health, Policy Directive: NSW Health HIV, Hepatitis B or Hepatitis C - Health Care Workers Infected (2005) Category: Principal judgment Parties: FBY (Applicant) Secretary, NSW Ministry of Health (Respondent) Representation: Counsel: P Lowson (Applicant) I Fraser (Respondent)