Carlos Contreras-Ortiz v The Commissioner, Department of Corrective Services [2009] NSWADT 12

CITATION: Carlos Contreras-Ortiz v The Commissioner, Department of Corrective Services [2009] NSWADT 12

DIVISION: Equal Opportunity Division

APPLICANT Carlos Contreras-Ortiz PARTIES: RESPONDENT Commissioner, Department of Corrective Services

FILE NUMBER: 071077

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 9 December 2008

DATE OF DECISION: 20 January 2009

BEFORE: Pritchard S - Judicial Member; Hiffernan N - Non-Judicial Member; Monaghan-Nagle L - Non-Judicial Member

CATCHWORDS: Race Discrimination – Goods and Services

Anti-Discrimination Act 1977 LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2008 (NSW)

CASES CITED: Tallong Park Association Inc v Sutherland: Sutherland v Tallong Park Association Inc [2007] NSWADTAP 19 Contreras-Ortiz v Commissioner, Department of Corrective Services [2008] NSWADT 308

APPLICANT C Lenehan, barrister REPRESENTATION: RESPONDENT E Brus, barrister

1. The first and second respondents be enjoined from: (a) discriminating against inmates on the ground of their race by refusing to provide the following services: (i) providing development programs, including development programmes involving work or employment outside a correctional centre (ii) considering whether those inmates should be permitted to participate in development programs, including development programmes involving work or employment outside a correctional centre (iii) finding work or employment for those inmates, including work or employment outside a correctional centre ORDERS: (iv) considering whether to find work or employment for those inmates, including work or employment outside a correctional centre (v) varying the classification of inmates for the purposes of the provision of appropriate development programs (vi) considering whether the classification of inmates should be varied for the purposes of the provision of appropriate development programs (vii) considering exercising the powers or functions conferred by sections 6 and/or 26 of the Crimes (Administration of Sentences) Act 1999 (NSW) and/or clause 22 of the Crimes (Administration of Sentences) Regulation 2008 (NSW) in relation to particular inmates; and (b) discriminating against inmates on the ground of their race in the terms on which the services referred to in (i) are provided; and (c) authorizing, instructing or permitting their servants or agents to engage in the conduct referred to in (i) or (ii) 2. Within fourteen days of these orders, the first respondent consider afresh (or direct that officers or employees of the Department consider afresh) the exercise of the powers of functions conferred by sections 6 and/or 26 of the Crimes (Administration of Sentences) Act 1999 (NSW) and/or clause 22 of the Crimes (Administration of Sentences) Regulation 2008 (NSW) in relation to the applicant in accordance with the provisions of the AD Act.