Horwood -V- Ryde-Hunters Hill Community Housing Co-Operative [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Horwood -V- Ryde-Hunters Hill Community Housing Co-Operative [1996] NSWEOT

COMPLAINANT: Alan Horwood

RESPONDENT: Ryde-Hunters Hill Community Housing Co-operative

NUMBER: 118 of 1995

Judge David Patten ( Senior Judicial Member ) TRIBUNAL: Mr N Lacey Ms L Nemeth de Bikal

GROUNDS OF COMPLAINT: Race, disability in area of accommodation and of goods and services

DATES OF HEARING: 09/25/1996; 12/16/1996 DATE OF JUDGMENT: 12/16/1996

Complainant: Mr R Brender (Barrister) LEGAL REPRESENTATIVES: Respondent: Ms S Winters (Barrister)

JUDGMENT IN FAVOUR OF:

This is the hearing of a complaint referred to the Tribunal pursuant to section 91 of the Anti-Discrimination Act (the Act), it being a case in which the President of the Board had determined that the complaint lacked substance but nonetheless was required by the Complainant to refer the matter to the Tribunal. The complaint was based upon alleged discrimination on the ground of race and alleged discrimination on the ground of disability. As to the latter it will, I think, suffice for me to say that no submission were addressed in respect of it by Mr Brender who appeared for the Complainant and in the view of the Tribunal, there is not a scintilla of evidence to suggest that the Complainant was discriminated against upon the ground of any disability.

The complaint therefore remains to be considered in relation to alleged discrimination on the ground of race. That concept is defined in section 7 of the Act and sections 19 and 20 in effect proscribe certain conduct. The former renders it unlawful to discriminate against another person on the ground of race in relation to the provision of goods and services and the latter prohibits discrimination against a person on the ground of race in relation to the provision of accommodation including, as may be relevant in this case, by evicting the person or subjecting the person to any other detriment. It is important to bear in mind that the Tribunal's jurisdiction depends upon the Complainant establishing that he was discriminated against on the ground of his race as opposed to being treated unfairly or unjustly by the Respondent. The race claimed for the Complainant is that he is a white Australian.