Short v Transport for NSW [2021] NSWCATAD 367

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Short v Transport for NSW [2021] NSWCATAD 367 Hearing dates: 3 May 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Prof. J Goodman-Delahunty, General Member Decision: The application is dismissed. Catchwords: HUMAN RIGHTS – anti-discrimination - definition of 'services' – age discrimination – disability related discrimination – government functions – statutory duty Legislation Cited: Anti-Discrimination Act 1977 (NSW) New South Wales Civil and Administrative Tribunal Act 2013 (NSW) Roads Act 1993 (NSW) Transport Administration Act (NSW) 1988 Cases Cited: IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Rainsford v Victoria (2007) FCA 1059 State of New South Wales v Whiteoak (2014) NSWCATAP 99 Wright v Commissioner of Police [2014] NSWCATAP 67 Texts Cited: Macquarie Dictionary (Online Ed) Category: Principal judgment Parties: Graham Short and Ann Short (Applicants)

Transport for NSW (Respondent) Representation: Graham Short and Ann Short (In person)

Ms J Seymour (Counsel for the Respondent) File Number(s): 2020/321549 Publication restriction: None

REASONS FOR DECISION 1. In this matter the applicants, Mr Graham and Mrs Ann Short (the 'applicants'), allege the respondent, Transport for NSW (the 'respondent'), discriminated against them on the grounds of age and disability in the area of goods and services, namely the removal of median strips at two pedestrian crossings in Cremorne, in contravention of ss49M and 49ZYN of the Anti-Discrimination Act 1977 (NSW) (ADA). 2. The respondent denies that it provided services to the applicants within the meaning of ss 49M and 49ZYN of the ADA. It further submits that if the Tribunal finds that the respondent provided a service, the applicants have not been subjected to either direct or indirect discrimination in terms of ss 49B and 49ZYA of the ADA. 3. The parties agreed at the commencement of the hearing that the applicants' claim is one of indirect discrimination.