YFA v Secretary, NSW Ministry of Health [2024] NSWCATAP 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YFA v Secretary, NSW Ministry of Health [2024] NSWCATAP 5 Hearing dates: On the papers Date of orders: 10 January 2024 Decision date: 10 January 2024 Jurisdiction: Appeal Panel Before: Hennessy, ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: 1. A further hearing of this appeal is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The Appellant's complaint is dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977 (NSW). Catchwords: HUMAN RIGHTS – disability discrimination – whether the Secretary, NSW Ministry of Health is a qualifying 'authority or body' within the meaning of s 49J(1) of the Anti-Discrimination Act 1977 (NSW) in respect of private health facilities Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: FBY v Secretary, NSW Ministry of Health [2023] NSWCATAD 83 Karaoglu v Fitness First [2022] NSWSC 1804 FBY v Secretary, NSW Ministry of Health [2023] NSWCATAP 285 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Texts Cited: Nil Category: Principal judgment Parties: YFA (Appellant) Secretary, NSW Ministry of Health (Respondent) Representation: Counsel: P Lowson (Appellant) T Prince (Respondent)

Solicitors: HIV/AIDS Legal Centre Inc (NSW) (Appellant) Crown Solicitor (Respondent) File Number(s): 2023/00139185 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the disclosure, publication or broadcast of the name of the Appellant is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Citation: [2023] NSWCATAD 83 Date of Decision: 04 April 2023 Before: T Simon, Principal Member Dr M K Murray, General Member File Number(s): 2020/00304104