Khan -v- Commissioner, Department of Corrective Services & anor (EOD) [2001] NSWADTAP 1

Appeal Panel

CITATION: Khan -v- Commissioner, Department of Corrective Services & anor (EOD) [2001] NSWADTAP 1 FIRST RESPONDENT PARTIES: Commissioner, Department of Corrective Services SECOND RESPONDENT Australasian Correctional Management Pty Ltd FILE NUMBER: 009020 HEARING DATES: 07/12/2000 SUBMISSIONS CLOSED: 12/07/2000 DATE OF DECISION: 01/18/2001

Principal matter DECISION UNDER APPEAL: BEFORE: Hennessy N (Deputy President); Rees N - Judicial Member; Antonios Z - Member CATCHWORDS: statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 001006 & 001007 DATE OF DECISION UNDER APPEAL: 06/08/2000 Interpretation Act 1987 LEGISLATION CITED : Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Commissioner of Corrective Services v Aldridge [2000] NSW ADTAP 5 Coulton and ors v Hocombe and ors (1986) 162 CLR 1 Collector of Customs v Pressure Tankers Pty Ltd and Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, the Federal Court Jedko Game Co. Pty Ltd v. Collector of Customs (1987) 12 ALD 491 Brutus v. Cozens (1973) AC 854 NSW Associated Blue Metal Quarries Ltd v. Federal Commissioner of Taxation (1956) 94 CLR 509 CASES CITED: Life Insurance Co. of Australia Ltd v. Phillips (1925) 36 CLR 60 Neal v. Secretary, Department of Transport (1980) 29 ALR 350 Australian Gas Light Co. v. Valuer General (1940) 40 SR(NSW) 126 Lombardo v. Federal Commissioner of Taxation (1979) 28 ALR 574 Hope v. Bathurst City Council (1980) 144 CLR 1 Lee v Showmen's Guild of Great Britain [1952] 2 QB 329 Mills v Meeking (1990) 91 ALR 16 Re Bolton; ex parte Beane (1987) 70 ALR 225 APPELLANT REPRESENTATION: D Hillard, solicitor FIRST RESPONDENT T Anderson, barrister ORDERS: 1. The appeal is upheld; 2. The Tribunal's decision to dismiss the appellant's race discrimination complaint is set aside; 3. The Tribunal's decision to dismiss the appellant's complaint of victimisation is set aside ; 4. The matter is remitted to the Tribunal as originally or similarly constituted, to be determined in accordance with these reasons and the following directions:; (a) The applicant to file and serve points of claim within the time nominated by the judicial member hearing the case; (b) The respondent to file and serve points of defence within the time nominated by the judicial member hearing the case; 5. The respondent's application for costs is rejected.