Z -v- University of A, Dr D & B (No. 4) [2002] NSWADT 14

CITATION: Z -v- University of A, Dr D & B (No. 4) [2002] NSWADT 14 DIVISION: Equal Opportunity Division APPLICANT Z FIRST RESPONDENT PARTIES: University of A SECOND RESPONDENT Dr D THIRD RESPONDENT B FILE NUMBER: 001001 HEARING DATES: 20/11/2001 SUBMISSIONS CLOSED: 11/20/2001 DATE OF DECISION: 02/08/2002

BEFORE: Goode P - Judicial Member; Clayton S - Member; McDonald O - Member APPLICATION: Order prohibiting or restricting publication etc - summons - general principles MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Z v University of A (No. 3) [2001] NSWADT 182 Raybos Australia Pty Ltd v Jones (1985) 2 NSWLR 47 Australian Broadcasting Corporation v Parish (1980) 43 FLR 129, 29 ALR 228 Re Armstrong and State of Wisconsin (1972) 7 CCC(2d) 331 CASES CITED: CB v The Queen (1982) 62 CCC(2d) 107 John Fairfax & Sons Ltd v Police Tribunal of NSW (1986) 5 NSWLR 465 Fe Ventura v Walt Disney Television Animation Pty Ltd NSWEOT 32 of 1998; A on behalf of V & A v NSW Department of Education NSWADT 109 of 1998 Crook and Department of Education and Training NSWEOT, 26 September 1998 Lloyd v TCN Channel Nine Pty Ltd & Anor [1999] NSWADTAP 3 APPLICANT REPRESENTATION: In person RESPONDENTS K Grime, solicitor ORDERS: · Pursuant to s 75 (2B) of the Tribunal Act, we order that the Tribunal's suppression order of 20 July 2001 ("Order 1") be continued subject to the variations set out in Orders 2 - 4 below:; Order 2: The parties to this application (including any persons proposed to be joined to the proceedings by any party), their legal representatives or other advisors are at liberty to disclose the identities of the persons referred to in Order 1 for the purposes of:; (i) taking statements from potential witnesses; or; (ii) seeking information from other persons directly related to the preparation for any hearing before the Administrative Decisions Tribunal in relation to the Applicant's Case.; Order 3: When disclosing the identities of persons referred to in Order 1, for the purposes outlined in Order 2, the parties must bring to the attention of any persons to whom the disclosure is made this Order prohibiting any further disclosure of identities. ; Order 4: Should any party wish to disclose the identity of any person described in Order 1 in circumstances outside the scope of Order 2, they have liberty to apply to this Tribunal, ex parte if desired, to vary the Orders. The Tribunal will determine, if the Orders' variation is made ex parte, whether to make any further Orders in confidence and / or whether to inform the other parties.; · Pursuant to s 75 (2)(b) of the Tribunal Act, we order that:; · Disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, the Applicant ; or; · The doing of any other thing that identifies, or may lead to the identification of, any such person,; is prohibited.; · We order that the summons addressed to the Reserve Bank of Australia be set aside.; · We order that the summons addressed to Chung Soy Sun, C/- The University of NSW, be issued by the Registrar of the Tribunal.