Cassidy -V- Cronulla Golf Club Limited [1998] NSWEOD

Equal Opportunity Division of New South Wales

CITATION: Cassidy -V- Cronulla Golf Club Limited [1998] NSWEOD

COMPLAINANT: Cassidy

RESPONDENT: Cronulla Golf Club Limited

NUMBER: 215 of 1996

Mr D. Bitel ( Judicial Member ) TRIBUNAL: Ms M Alt Mr W Bowtell

GROUNDS OF COMPLAINT:

DATES OF HEARING: 07/16/1997; 12/08/1997 DATE OF JUDGMENT: 11/14/1998

Complainant: Mr P Dowdy (Counsel) LEGAL REPRESENTATIVES: Respondent: Mr I Neal (Counsel)

JUDGMENT IN FAVOUR OF: Complainant

The complainants, John Patrick Cassidy and Alan Francis Hocking, are members of the Cronulla Golf Club Limited ("the Club"). On 11 November 1994 a complaint was filed by them with the Anti-Discrimination Board alleging age discrimination in the area of registered clubs against the Club. The initial complaint raised two areas of concern. The second concerning arrangements conferred by the Club on veteran golfers was resolved. The Board was unable to resolve the first complaint which alleged that the Memorandum and Articles of the Club which provided for half price membership for those that had been full members continuously for over 20 years and are aged over 65 was a breach of the provisions of sections 49ZYP and 49ZYA of the Anti-Discrimination Act.

As the complaint was unresolved the complainants requested the Board to refer it to the Equal Opportunity Tribunal for hearing and determination. This request was approved by the President of the Board on 2 September 1996. The complaint came for hearing before the Tribunal on 16 July 1997. Although all the evidence and submissions were taken on that date the matter could not be finalised as a result of certain actions of the complainant which occurred on 17 July 1997 and an application made by the respondent which was heard by the Tribunal on 8 December 1997. The Tribunal now delivers its decision in respect of all issues concerning the complaint.