Hubbard v Roads and Traffic Authority of NSW [2010] NSWADT 99

CITATION: Hubbard v Roads and Traffic Authority of NSW [2010] NSWADT 99

DIVISION: Equal Opportunity Division

APPLICANT Julie Hubbard PARTIES: RESPONDENT Roads and Traffic Authority of NSW

FILE NUMBER: 081134

HEARING DATES: 15 and 16 February 2010

SUBMISSIONS CLOSED: 16 February 2010

DATE OF DECISION: 21 April 2010

BEFORE: Huntsman C - Judicial Member; Schneeweiss J - Non-Judicial Member ; Weule B - Non-Judicial Member

LEGISLATION CITED : Ss4, 49A, 49B, 49M, 54 of the Anti-Discrimination Act 1977

CASES CITED: Marsden v Human Rights and Equal Opportunity Commission [2000] FCA 1619 Carr v Botany Bay Council [2003] NSWADT 209

APPLICANT In person REPRESENTATION: RESPONDENT K Eastman, barrister

ORDERS: The application is dismissed

REASONS FOR DECISION

1.This was an application by Ms Julie Hubbard, under the Anti-Discrimination Act 1977, by which she maintains that she had been discriminated against, on the grounds of disability or presumed disability, by the Roads and Traffic Authority of NSW (the RTA). Specifically Ms Huppert alleges that she was discriminated against by the RTA, on the grounds of disability and/or presumed disability, in the provision of services by the RTA in relation to Ms Hubbard's drivers licence.

2.The Respondent, the RTA, states that the application should be dismissed.

Background to the application

3.On 29 February 2008 the Anti-Discrimination Board received a complaint from Ms Julie Hubbard, the Applicant, against the Roads and Traffic Authority of NSW (RTA), the Respondent. Ms Hubbard alleged that the Roads and Traffic Authority discriminated against her on the basis of her disability (actual and presumed) in the provision of goods and services. The Applicant claimed that her NSW drivers licence was suspended pending a medical report and claimed that although she complied with all of the RTA's requests they refused to return her licence. After proceedings at the Anti-Discrimination Board, Ms Hubbard requested, on 28 November 2008, that the matter be referred to the Equal Opportunity Division of the Administrative Decisions Tribunal (the Tribunal) for a hearing. The report of the President of the Anti-Discrimination Board, states the complaints appeared to fall within the sections 49 A, 49B, 49C, 49M, 52 and 53 of the Anti-Discrimination Act 1977 (NSW). The period of the complaint was stated as 20 May 2005 to 29 February 2008.