Karnauchow v State of NSW (Corrective Services NSW) [2024] NSWCATAD 294

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Karnauchow v State of NSW (Corrective Services NSW) [2024] NSWCATAD 294 Hearing dates: 10 July 2024, 20 September 2024 Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: (1) Pursuant to s 53 of the Civil and Administrative Act 2013 (NSW) the name of the respondent is amended to State of NSW (Corrective Services NSW). (2) Pursuant to s 50(2) of the Civil and Administrative Act 2013 (NSW) the issue can be dealt with on the papers. (3) Leave is refused. Catchwords: HUMAN RIGHTS –- victimisation - leave to proceed – complaint – amended complaint Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Act 2013 Cases Cited: Jones & Anor v Ekermawi [2009] NSWCA 388 Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Category: Procedural rulings Parties: Andreas Karnauchow (Applicant) State of NSW (Corrective Services NSW) (Respondent) Representation: Applicant (Self-represented) M Naumovski (Senior Solicitor, NSW Communities and Justice) (Respondent) File Number(s): 2024/00206292 Publication restriction: N/A

REASONS FOR DECISION 1. Mr Karnauchow made a complaint to the Anti-Discrimination Board NSW (ADB) on 1 September 2022. The complaint was of discrimination on the grounds of disability and homosexuality in the provision of goods and services against the respondent. The complaint also alleged victimisation. 2. The matter was determined in Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326 ("Karnauchow"). 3. On 28 February 2024, Mr Karnauchow made another complaint to the ADB against the respondent on the same grounds as well as a claim of victimisation. 4. On 16 May 2024, ADB received a request from Mr Karnauchow to amend the complaint. Mr Karnauchow requested that his complaint be amended pursuant to s91C of the Anti-Discrimination Act 1977 (NSW) ("the Act"). but in the event that this was not possible for the matter to be referred to the Tribunal under s93A of the Act. 5. ADB had made the decision to decline the complaint prior to considering the amended complaint on 16 May 2024. It referred the complaint to the Tribunal pursuant to s92(1)(a)(i) and (v) of the Act. 6. At the leave hearing, Mr Karnauchow submitted that the Tribunal in considering whether leave is to be granted pursuant to s 96 of the Act should consider his amended complaint to ADB.