Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326 Hearing dates: 11 August 2023, last submissions received on 13 October 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Dr M Murray, General Member Decision: The application is dismissed. Catchwords: HUMAN RIGHTS – discrimination – on the ground of a person's disability - on the grounds of homosexuality – direct discrimination – indirect discrimination – goods and services - victimisation Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196; 337 ALR 647 Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd [1986] HCA 72; 162 CLR 395 Commissioner of Police v Mohamed [2009] NSWCA 432; 262 ALR 519 IW v City of Perth (1997) 191 CLR 1 State of New South Wales v Whiteoak [2014] NSWCATAP 99 State of NSW (NSW Police Force) v Whitfield [2012] NSWADTAP 27 Waters v Public Transport Corporation (1992) 173 CLR 349 Texts Cited: Nil Category: Principal judgment Parties: Andreas Karnauchow (Applicant) State of NSW, NSW Department of Communities and Justice (Corrective Services) (Respondent) Representation: Solicitors: Applicant (Self-represented) Respondent (Self-represented) File Number(s): 2023/00190272 Publication restriction: 1.Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the disclosure of the applicant's offences referred to in paragraph 7 of this Decision is restricted to the applicant, the respondent, their legal representatives and the Tribunal. 2. Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 until further order of the Tribunal the publication of evidence given before the Tribunal of the applicant's offences is prohibited.