Jimenez v Transport for New South Wales [2024] NSWCATAD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jimenez v Transport for New South Wales [2024] NSWCATAD 166 Hearing dates: 14 and 15 March 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member M Maher, General Member Decision: (1) Pursuant to s 103(1) of the Anti-Discrimination 1977 leave is granted to the applicant to amend her complaint and rely on section 49J of the Anti-Discrimination 1977. (2) The application is dismissed. Catchwords: HUMAN RIGHTS – discrimination – on the ground of a person's disability – assumed disability - direct discrimination - qualifying body - goods and services Legislation Cited: Anti-Discrimination Act 1977 Transport Administration Act 1988 Road Transport Act 2013 Road Transport (Driver Licensing) Regulation 2017 Cases Cited: AB v Registrar of Births, Deaths and Marriages [2006] FCA 1071 Director General, Department of Community Services v MM and Another [2003] NSWSC 1241 Dutt v Central Coast Area Health Service [2002] NSWADT 133 IW v City of Perth (1997) 191 CLR 1 Jimenez v Transport for NSW [2022] NSWSC 539 Peters v The University of Sydney [2015] NSWCATAD 238 Purvis v State of New South Wales (2003) 217 CLR 92 Rainford v Victoria (2007) FCA 1059 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Short v Transport for NSW [2021] NSWCATAD 367 State of New South Wales v Whiteoak [2014] NSWCATAP 99 The Australian Press Council Inc v Southey [2021] NSWCATAP 9 Waters v Public Transport Corporation (1992) 173 CLR 349; [1991] HCA 49 Watts v Australian Post [2014] FCA 370; (2014) 222 FCR 220 YFA v Secretary, NSW Ministry of Health [2023] NSWCATAP 285 Texts Cited: None Cited Category: Principal judgment Parties: Magdaleine Jimenez (Applicant) Transport for New South Wales (Respondent) Representation: Counsel: H Pararajasingham (Applicant) M Watts (Respondent)