GJE & GKA v Inner West Council [2025] NSWCATAD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GJE & GKA v Inner West Council [2025] NSWCATAD 11 Hearing dates: 22, 23 and 24 July 2024, final submissions received 14 August 2024 Date of orders: 9 January 2025 Decision date: 09 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern, Senior Member S Davison, General Member Decision: The application is dismissed. Catchwords: HUMAN RIGHTS – discrimination – on the ground of disability – direct and indirect discrimination alleged – consideration of planning approval by Council - whether unlawful discrimination – discrimination alleged in relation to complaint made –privacy breaches alleged in relation to health information –the provision of services – jurisdiction to deal with privacy breaches alleged Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Health Records and Information Privacy Act 2002 (NSW) Land and Environment Court Act 1979 (NSW) Privacy and Personal Information Act 1998 (NSW) Cases Cited: Australian Iron & Steel v Banovic [1989] HCA 56; (1989) 68 CLR 165 IW v City of Perth 1997] HCA 30; 191 CLR 1 State of NSW v Whiteoak [2014] NSWCATAP 99 Waters v Public Transport Corporation [1991] HCA 49; (1992) 173 CLR 349 Weldon-Bowen v Commissioner of Police, NSW Police Force [2024] NSWCATAD 71 Texts Cited: Discrimination Law and Practice (Ronalds and Raper, 2019) Inner West Local Environmental Plan 2020 Marrickville Development Control Plan 2011 Marrickville Local Environmental Plan 2011 Category: Principal judgment Parties: GJE and GKA (Applicant) Inner West Council (Respondent) Representation: GJE and GKA (Self Represented)