Trappel v Legal Aid Commission of New South Wales [2024] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trappel v Legal Aid Commission of New South Wales [2024] NSWCATAP 97 Hearing dates: 12 April 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Appeal Panel Before: T Simon, Principal Member Dr R Dubler SC, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: HUMAN RIGHTS CASE – indirect discrimination – pregnancy – carer's responsibilities – sex discrimination – condition or requirement – failure to offer employment following expiry of short-term contract Legislation Cited: Anti-Discrimination Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Sector Employment Act 2013 (NSW) Cases Cited: Byrne v Australian Airlines Limited (1995) 185 CLR 410 Collins v Urban [2014] NSWCATAP 17 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Walker v State of Victoria [2011] FCA 258 Waters v Public Transport Corporation (1991) 173 CLR 349 Wright v Commissioner of Police [2014] NSWCATAP 67 Texts Cited: Nil Category: Principal judgment Parties: Jessica Trappel (Appellant) Legal Aid Commission of New South Wales (Respondent) Representation: Counsel: K Edwards (Appellant) L Saunders (Respondent)

Solicitors: Harmers Workplace Lawyers (Appellant) Clayton Utz (Respondent) File Number(s): 2024/00001585 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2023] NSWCATAD 304 Date of Decision: 05 December 2023 Before: H Dixon SC, Senior Member M Maher, General Member File Number(s): 2021/00210553