Kimble & Souris -v- Orr [2003] NSWADT 49

CITATION: Kimble & Souris -v- Orr [2003] NSWADT 49 DIVISION: Equal Opportunity Division APPLICANTS PARTIES: Victor Kimble and Joanne Souris RESPONDENT Phil Orr FILE NUMBER: 021033 HEARING DATES: 11/10/2002, 12/10/2002 SUBMISSIONS CLOSED: 01/24/2003 DATE OF DECISION: 03/11/2003

BEFORE: Ireland G - Judicial Member; Cox R - Member; Pun A - Member APPLICATION: Race Discrimination - Accommodation - Vilification - Racial MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 CASES CITED: Veloskey & Anor v Karagiannakis & Ors [2002] NSWADTAP18 Western Aboriginal Legal Service Ltd v Jones & Anor [2000] NSWADT 102 Kazak v John Fairfax Publications Ltd [2000]NSWADT77 APPLICANT REPRESENTATION: D Grant, solicitor RESPONDENT In person ORDERS: 1. The Tribunal directs that the Respondent pay to Mr Kimble an amount of $2,000.00; 2. There will be no order as to costs.

BACKGROUND 1 The Applicants to this inquiry are married. Mr Kimble is an Afro-American, born in Birmingham, Alabama, United States of America. The Applicants allege that the Respondent unlawfully discriminated against them on the ground of the race of Mr Kimble, and in the case of Mrs Souris, on the ground of the race of a relative. It is alleged that the discrimination of the Applicants was unlawful under Section 20(2)(b) of the Anti Discrimination Act 1977 ("the Act") as the alleged discrimination subjected each of the Applicants to a detriment when they sought accommodation at the Kings Bay Complex at Five Dock on 7 July 2001. It is further alleged that on that date the Respondent unlawfully discriminated against the Applicants on the ground of the race of Mr Kimble, under Section 19 of the Act in the terms on which the Respondent provided services to the Applicants on that date. 2 In addition, the Applicants allege that the Respondent subjected them to racial vilification in breach of Section 20(C)(1) of the Act, in the circumstances arising during the incidents that occurred at the complex on 7 July 2001. 3 Each of the complaints was investigated by the President of the Anti-Discrimination Board ("the Board"). The Board attempted to resolve the complaints through conciliation but it was unsuccessful and has referred the complaints to this Tribunal under Section 94(1) of the Act for inquiry by the Tribunal. RELEVANT PROVISIONS OF THE ACT "7 What constitutes discrimination on the ground of race (1) A person ( the perpetrator ) discriminates against another person ( the aggrieved person ) on the ground of race if, on the ground of the aggrieved person's race or the race of a relative or associate of the aggrieved person, the perpetrator: (a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different race or who has such a relative or associate of a different race, or ..."