NSW Caselaw
New South Wales Supreme Court
CITATION : Director-General, Department of Community Services v MM and Another [2003] NSWSC 1241 revised - 12/04/2006 HEARING DATE(S) : 04/12/03 JUDGMENT DATE : 22 December 2003
JUDGMENT OF : Barr J at 1 DECISION : Question answered "yes".
CATCHWORDS : Anti-Discrimination law - child welfare law - whether a Government department that deals with an application by a person to be appointed a foster carer provides a service for the purposes of the Anti-Discrimination Act. Administrative Decisions Tribunal Act s118 Anti-Discrimination Act 1977 ss4, 39, 47, 49B, 49M, 54, 126 Children (Care and Protection) Act 1987 ss 3, 12, 12A, 34, 42, 44, 48, 49, 89, 91 Children (Care and Protection) Regulation 1996 ss22, 26 LEGISLATION CITED : Children (Criminal Proceedings) Act s112 Equal Opportunity Act (WA) s66K Interpretation Act (WA) s18 Interpretation Act (NSW) s33 Race Relations Act 1976 (UK) Sex Discrimination Act 1975 (UK) Attorney General (Canada) v Cummings [1982] FC 122 Australian Education Union v Human Rights and Equal Opportunity Commission and State of Tasmania (1997) 80 FCR 46 Commissioner of Police, NSW Police Service v Estate Edward John Russell and Ors [2001] NSWSC Farah v Commissioner of Police of the Metropolis [1998] QB 65 Ferneley v Boxing Authority of NSW (2001) 191 ALR 739 CASES CITED : IW v City of Perth (1997) 191 CLR 1 Perpetual Executors and Trustees Association of Australia Ltd v Federal Commissioner of Taxation (1948) 77 CLR 1 Plaintiff S 157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Purvis v State of New South Wales (Department of Education and Training) & Anor [2003] HCA 62 R v Entry Clearance Officer; ex parte Amin [1983] 2 AC 818 Savjani v Inland Revenue Commissioners [1981] QB 458 Tejani v Superintendent Registrar for the District of Peterborough [1986] IRLR 502 (CA) PARTIES : Director-General, Department of Community Services MM and Another FILE NUMBER(S) : SC 30046/03 COUNSEL : Appellant: T J Anderson Respondent: K L Eastman SOLICITORS : Appellant: L Goodwin Respondent: B L Hay
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