Johnson v Free Spirit Management Pty Ltd [2010] NSWADT 31

CITATION: Johnson v Free Spirit Management Pty Ltd [2010] NSWADT 31

DIVISION: Equal Opportunity Division

APPLICANT Ryan Johnson PARTIES: RESPONDENTS Free Spirit Management Pty Ltd NRMA Tourist Park No 3 Pty Ltd

FILE NUMBER: 081097

HEARING DATES: 14 May 2009

SUBMISSIONS CLOSED: 14 May 2009

DATE OF DECISION: 2 February 2010

BEFORE: Furness G - Judicial Member; Hayes E - Non-Judicial Member; Schneeweiss J - Non-Judicial Member

CATCHWORDS: Age discrimination, teenagers, victimisation

LEGISLATION CITED : Anti Discrimination Act 1977

CASES CITED: Margan v University of Technology, Sydney, (EOD) [2003] NSWADTAP 65 Waters v Public Transport Corporation (1991) 173 CLR 349

APPLICANT Anthony Johnson, agent REPRESENTATION: RESPONDENT Mr Williams

ORDERS: The application for dismissal is refused

REASONS FOR DECISION

1 The applicant made a complaint of age discrimination in the provision of goods or services to the Anti Discrimination Board ("the Board") on 21 April 2008. The complaint was referred to the Administrative Decisions Tribunal ("the Tribunal") on 8 October 2008. The period of complaint is between 11 and 21 January 2008.

2 The first respondent is the appointed manager of the Ocean Beach Holiday Park ("the Holiday Park") and the second respondent is the owner of the Holiday Park. The second respondent did not provide any response to the complaint. Reference to the respondent in this decision is a reference to the first respondent. The complaint 3 The applicant complains that he was discriminated on the ground of age in the provision of services to him. He complains that during the period of complaint he was resident in the Holiday Park with his parents when he was denied free movement through the park after 9pm each night because he looked like a teenager. He was 18 years of age.