Holmes v Northern Sydney Central Coast Area Health Service [2010] NSWADT 163

CITATION: Holmes v Northern Sydney Central Coast Area Health Service [2010] NSWADT 163

DIVISION: Equal Opportunity Division

APPLICANT Tiger Holmes PARTIES: RESPONDENT Northern Sydney Central Coast Area Health Service

FILE NUMBER: 091092

HEARING DATES: 27, 28, 29 April, 2010

SUBMISSIONS CLOSED: 29 April 2010

DATE OF DECISION: 30 June 2010

BEFORE: Patten D - Deputy President; Weule B - Non-Judicial Member; O'Sullivan M - Non-Judicial Member

CATCHWORDS: Unlawful discrimination, victimisation, no evidence of either

LEGISLATION CITED : Anti-Discrimination Act 1977 Mental Health Act 1990

APPLICANT In person REPRESENTATION: RESPONDENT N Rooney, barrister

ORDERS: 1 The complaints are dismissed 2 No order as to costs.

REASONS FOR DECISION

1 This was an application for relief in the Equal Opportunity Division of the Tribunal. Ms Tiger Holmes (Ms Holmes) claims that she was unlawfully discriminated against on the ground of her disability contrary to section 49M of the Anti-Discrimination Act [the Act] and victimised contrary to s50. For reasons which will appear the Tribunal is of the opinion that neither discrimination nor victimisation has been established.

2 The applicant, who appeared for herself at the hearing relied on a statement made on 29 March 2010. In that statement she said, as appears to be the case, that in the early months of 2008 she was suffering from mental illness, the symptoms of which included thoughts of self harm and suicide, paranoia and delusions. She complains that the alleged discrimination and victimisation was perpetrated by Manly Hospital for whose acts the respondent is responsible.