May-Welby -V- Capital Q Pty Ltd And Hamilton-Wolf [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: May-Welby -V- Capital Q Pty Ltd And Hamilton-Wolf [1997] NSWEOT

COMPLAINANT: Norrie May-Welby

FIRST RESPONDENT Capital Q Pty Ltd RESPONDENT: SECOND RESPONDENT Tori Hamilton-Wolf

NUMBER: 33 of 1997

Mr Graeme Innes ( Judicial Member ) TRIBUNAL: Ms L Nemeth De Bikal Mr L Lau

GROUNDS OF COMPLAINT: Transgender vilification

DATES OF HEARING: 06/06/1997 DATE OF JUDGMENT: 08/12/1997

Complainant: Self Represented LEGAL REPRESENTATIVES: Respondent: Ms S Winters (Counsel)

JUDGMENT IN FAVOUR OF:

1: INTRODUCTION This matter relates to a complaint lodged under ss38R and 38S of the Anti-Discrimination Act NSW ("the Act") by Norrie May-Welby against Tori Hamilton-Wolf and Capital Q Weekly alleging vilification on the grounds of transgender.

The complaint was lodged with the President of the Anti-Discrimination Board and, after investigation, was dismissed by the President of the Board under s90 of the Act. The complainant then chose to have the matter referred to the Equal Opportunity Tribunal for a determination under s91.

The matter was set down for hearing by the Tribunal on 6 June 1997. The Tribunal had only a postal address for the first respondent and, despite numerous attempts, she was unable to be located. She was therefore not in attendance at the hearing. The complainant was not represented, and the second respondent was represented by Ms Sylvia Winters of Counsel.