Georgopoulos v Bupa Care Services Pty Ltd [2010] NSWADT 172

CITATION: Georgopoulos v Bupa Care Services Pty Ltd [2010] NSWADT 172

DIVISION: Equal Opportunity Division

APPLICANT Bill Georgopoulos PARTIES: RESPONDENT Bupa Care Services Pty Ltd

FILE NUMBER: 101043

HEARING DATES: 6 July 2010

SUBMISSIONS CLOSED: 6 July 2010

DATE OF DECISION: 9 July 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: ANTI-DISCRIMINATION – Leave to proceed

LEGISLATION CITED : Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997

CASES CITED: Jones and Anor v Ekermawi [2009] NSWCA 388

APPLICANT In person REPRESENTATION: RESPONDENT P Arcus, barrister

ORDERS: Leave is refused for the applicant's complaint to be the subject of proceedings before the Tribunal.

REASONS FOR DECISION

Introduction

1 Mr Bill Georgopoulos' mother resides in Bupa Bexley Aged Care Facility (the nursing home) which is owned by the respondent. Mr Georgopoulos complained to the Anti-Discrimination Board about treatment by nursing home staff when he was visiting his mother. He complained that the manager of the nursing home, Ms Tilly, refused to provide him with information about his mother even though he was his mother's guardian. He also complained that Ms Tilly called the police after an incident at the nursing home on 18 August 2009. Mr Georgopoulos has bipolar disorder. He said that the treatment amounted to discrimination on the grounds of his disability in relation to the provision of services. The Anti-Discrimination Board declined the complaint on the basis that it lacked substance. The reasons the Board gave for that decision were that: The complainant has not provided sufficient information to substantiate his complaint that he has been treated less favourably by the respondent on the grounds of disability. The respondent has provided plausible and non-discriminatory reasons as to why they acted in the way that they did.