FBY v Secretary, NSW Ministry of Health [2023] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FBY v Secretary, NSW Ministry of Health [2023] NSWCATAD 83 Hearing dates: 25 March 2022 Date of orders: 4 April 2023 Decision date: 04 April 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Dr M K Murray, General Member Decision: (1) The Applicant's complaint is dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977 Catchwords: HUMAN RIGHTS – Discrimination – qualifying authority or body – authorisation - facilitation. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Services Act 1997 (NSW) Private Health Facilities Act 2007 (NSW) Private Health Facilities Regulation 2017 (NSW) Cases Cited: Eagle Arts and Vocational College v State of NSW [2018] NSWCATAD 147 FBY v Secretary, NSW Ministry of Health [2021] NSWCATAD 319 TU v AMI Australia Holdings Pty Ltd trading as Advanced Medical Institute [2010] NSWADT 290 Category: Principal judgment Parties: FBY (Applicant) Secretary, NSW Ministry of Health (Respondent) Representation: Counsel: Lowson P (Applicant) C Ronalds SC and I Fraser (Respondent)

Solicitors: HIV/AIDS Legal Centre Inc. (NSW) (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/00304104 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the disclosure, publication or broadcast of the names of the applicant is prohibited.