Phillips v NSW Department of Communities and Justice [2024] NSWCATAD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phillips v NSW Department of Communities and Justice [2024] NSWCATAD 143 Hearing dates: 6 May 2024 Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P Roney KC, Senior Member S Davison, General Member Decision: The Applicant's complaints of disability discrimination and victimisation are dismissed. Catchwords: ANTI-DISCRIMINATION — disability discrimination — where deaf and speech impaired person claimed to have been subjected to direct or indirect discrimination by the Respondent Public Housing agencies by refusal to provide an Auslan interpreter or adopt his preferred communication method. ANTI-DISCRIMINATION — victimisation — where deaf and speech impaired person claimed to have been victimised by being subjected to detriment by the Respondent Public Housing agencies by a refusal to provide an Auslan interpreter or adopt his preferred communication method after he described them as surdophobic and incompetent in their dealings with him. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Disability Inclusion Act 2014 (NSW) Cases Cited: Australian Iron and Steel Pty Ltd v Banovic (1989) 168 CLR 165 State of New South Wales v Amery [2006] 230 CLR 174 Waters v Public Transport Corporation (1991) 173 CLR 349 Texts Cited: None cited Category: Principal judgment Parties: Holland Phillips (Applicant) NSW Department of Communities and Justice (First Respondent) NSW Land and Housing Corporation (Second Respondent) Representation: Applicant (self-represented) Legal, Department of Communities and Justice (Respondents) File Number(s): 2023/00296897 Publication restriction: Nil