Vafa v University of Newcastle [2021] NSWCATAD 348

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vafa v University of Newcastle [2021] NSWCATAD 348 Hearing dates: 21 September 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Tibbey, Senior Member Decision: (1) The applicant is permitted to amend the complaint in relation to any conduct alleged to constitute victimisation and to have occurred after 24 October 2018. (2) The matter is listed for further Directions on Tuesday 30 November 2021 at 3pm. Catchwords: DISCRIMINATION – victimisation. Legislation Cited: Anti-Discrimination Act, 1977 (NSW), ss50,53. Cases Cited: Chand v Rail Corporation of New South Wales NSWADTAP 54 Dutt v Central Coast Area Health Service [2002] NSWADT 133. Texts Cited: Rees, Rice and Allen, Australian Anti-Discrimination Law, the Federation Press, 2014 second edition Category: Procedural rulings Parties: Elham Vafa (Applicant) University of Newcastle (Respondent) Representation: Counsel: Ms V Balut (Respondent)

Solicitors: Applicant (Self-Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2021/00186263 Publication restriction: Nil

REASONS FOR DECISION

Background 1. This was an application for leave to amend a complaint. 2. The applicant lodged a complaint with Anti-Discrimination New South Wales on 7 December 2020. She alleged victimization, a breach of sections of 50 and 53 of the Anti-Discrimination Act 1977 (referred to here as 'the Act') due to her previous claims of sexual harassment and discrimination. Those claims were made against the University of Newcastle and another, in relation to conduct that alleged occurred during her candidacy as a PhD student. 3. The period accepted by Anti-Discrimination NSW as being the complaint period for this complaint is 6 January 2020 to 3 December 2020. The respondent indicated that the complaint was not capable of conciliation and both parties sought that it be referred to the Tribunal. Anti-Discrimination New South Wales therefore referred it to the Tribunal for hearing pursuant to section 93C of the Act. 4. On 28 July 2021, at a case conference, the applicant made an application to amend her complaint. The Tribunal ordered that the applicant prepare submissions in support of her amendments, and the respondent to prepare submissions in reply to those of the applicant. Submissions were filed by both parties and the matter was listed for an oral hearing, which took place by telephone and AVL link.