Considine v Legal Aid Commission of NSW [2022] NSWCATAD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Considine v Legal Aid Commission of NSW [2022] NSWCATAD 43 Hearing dates: Determined on the papers Date of orders: 08 February 2022 Decision date: 08 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: 1. The summary dismissal application is to be determined on the papers without the need for a hearing, pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) 2. The whole complaint is dismissed pursuant to s102 of the Anti-Discrimination Act 1977 (NSW) Catchwords: HUMAN RIGHTS - Discrimination – Gender discrimination - Provision of goods and services – Whether use of a safe room in a court is a service Statutory exemption – Exemption for special needs programs and activities CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Proceedings misconstrued – Hearings - Dispensing with a hearing Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Chapman v Women's Legal Resources Ltd [2005] NSWADT 276 IW v City of Perth (1997) 191 CLR 1 Karekar v TAFE Commission of NSW [2000] NSWADT 187 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50; (2015) 236 FCR 199 State of New South Wales v Whiteoak [2014] NSWCATAP 99 Thiess v Collector of Customs (2014) 250 CLR 664 Walker v New South Wales [2003] NSWADT 13 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Texts Cited: Rees N, Rice S and Allen D, Australian anti-discrimination law 2nd ed (The Federation Press, 2014) Category: Principal judgment Parties: Peter Considine (Applicant) Legal Aid Commission of NSW (First Respondent) NSW Department of Communities & Justice (Second Respondent) Northern Rivers Community Legal Centre (Third Respondent) Representation: Applicant – Self-represented Legal Aid Commission of NSW (First Respondent) NSW Department of Communities & Justice (Second Respondent) Northern Rivers Community Legal Centre (Third Respondent) File Number(s): 2021/00259048