Robinson v Wentworth Area Health Service [2004] NSWADT 274

CITATION: Robinson v Wentworth Area Health Service [2004] NSWADT 274 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Richelle Robinson RESPONDENT Wentworth Area Health Service FILE NUMBER: 031119 HEARING DATES: 30/08/2004 SUBMISSIONS CLOSED: 08/30/2004 DATE OF DECISION: 11/30/2004

BEFORE: Behrendt L - Judicial Member; Mooney L - Non Judicial Member; Lowe A - Non Judicial Member APPLICATION: Dismissal of complaint - frivolous, vexatious, misconceived or lacking in substance MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Evidence Act 1995 Dee v Commissioner of Police and Anor [2003] NSWADT 217 Dutt v Central Coast Area Health Service; Central Coast Area Health Service v Dutt [2003] NSWADTAP 3 Finance Sector Union v Commonwealth Bank of Australia (1997) EOC ¶92-889 CASES CITED: Fricke v Corbett Research Pty Ltd [2004] NSWADT 128 Langley v Niland [1981] 2 NSWLR 104 Omeri v Quality Assrance Service Pty Ltd (2003) NSWADT 188 Razaghi v Director-General, NSW Department of Health & Anor [2002] NSWADT 4 Siddiqui v Australian Medical Council (2000) EOC ¶93-059 APPLICANT REPRESENTATION: In person RESPONDENT E Bruce, barrister ORDERS: 1.The Respondent's application under s.111 of the Anti-Discrimination Act 1977 to have the Applicant's complaint of indirect discrimination on the basis of disability is rejected; ; 2.The Applicant is to supply further documents to support her complaint by 18 December 2004, including:; (a) medical evidence of the extent of her disabilities (Hepatitis C and chronic back pain) and how they make it impossible for her to attend the Woodlands Clinic daily. ; (b) if possible, evidence as to why the alternative drugs are not suitable to her situation. ; (c) evidence of her financial position to show that she cannot afford to pay for pharmacy doses.; (d) evidence to support her claim that she is suitable for take-home doses.; 3.The matter is listed for a case conference on 21 February 2005 at 10a.m.