X v Department of Human Services, NSW Community Services [2010] NSWADT 222

CITATION: X v Department of Human Services, NSW Community Services [2010] NSWADT 222

DIVISION: Equal Opportunity Division

APPLICANT X PARTIES: RESPONDENT Department of Human Services, NSW Community Services

FILE NUMBER: 101062

HEARING DATES: 10 August 2010

SUBMISSIONS CLOSED: 10 August 2010

EXTEMPORE DECISION DATE: 10 August 2010 BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Application of LEAVE for declined anti-discrimination complaint to proceed

Anti-Discrimination Act 1977 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998

CASES CITED: Jones v Ekermawi [2009] NSWCA 388

APPLICANT I Chatterjee REPRESENTATION: RESPONDENT J Selwood, solicitor

ORDERS: Leave is refused.

REASONS FOR DECISION

EX-TEMPORE DECISION

1 This is an application by Ms X for leave for a complaint of disability discrimination to go ahead despite the fact that it was declined by the Anti-Discrimination Board. When a matter is declined by the Board as lacking in substance, section 96 of the Anti-Discrimination Act 1977 requires the Tribunal to give leave before such a complaint can proceed. The principles on which leave can be granted have been set out by the Supreme Court and the Court of Appeal in Jones v Ekermawi [2009] NSWCA 388. The effect of that decision is that the Tribunal has an open discretion to grant or not to grant leave for a complaint to proceed but in determining that question the Tribunal should be guided by what is fair and just in the circumstances.