Simon -V- Dental Board Of New South Wales [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Simon -V- Dental Board Of New South Wales [1997] NSWEOT

COMPLAINANT: Tibor Simon

RESPONDENT: Dental Board of New South Wales

NUMBER: 106 of 1997

TRIBUNAL: Judge H G Murrell S.C. ( Senior Judicial Member )

GROUNDS OF COMPLAINT: Discrimination on the ground of race in the area of goods and services

DATES OF HEARING: 02/25/1998 DATE OF JUDGMENT: 05/29/1998

Complainant: In Person LEGAL REPRESENTATIVES: Respondent: Ms R Henderson (Counsel)

JUDGMENT IN FAVOUR OF: Complainant

Summary

Background

1. The complainant has poor English.

2. The complainant complained to the Dental Board about the standard of work undertaken by a dentist.

3. The Dental Care Assessment Committee (DCAC) investigated the complaint and reported to the Dental Board, which dismissed the complaint against the dentist.

4. The complainant lodged a complaint with the Anti-Discrimination Board (ADB), alleging discrimination in the manner in which the DCAC conducted the investigation.

5. The ADB dismissed the complaint as lacking in substance. At the complainant's request the matter was referred to the Tribunal.

6. Pursuant to section 111 of the Anti-Discrimination Act 1977 the respondent asked the Tribunal to dismiss the complaint, contending that:

(1) the complainant's allegations lacked substance; and

(2) section 64 of the Dentists Act 1989 provided a complete defence to the claim.

The respondent called evidence in support of contention (1).

Held 7. Despite the apparent poverty of the complainant's case, having regard to the fact that he is unrepresented and has difficulty with the English language, the merits of the case should not be determined on a pre-hearing basis : Reyes-Gonzalez v Sydney Institute of Technology (Equal Opportunity Tribunal, 6 March 1998).