Gould v The Director-General, New South Wales, On Behalf of Ambulance Service, New South Wales [2011] NSWADT 35

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gould v The Director-General, New South Wales, On Behalf of Ambulance Service, New South Wales [2011] NSWADT 35 Hearing dates: 14 September 2010 Decision date: 23 February 2011 Jurisdiction: Equal Opportunity Division Before: C Huntsman, Judicial Member N Hiffernan, Non -Judicial Member Dr B Field, Non -Judicial Member Decision: The application is dismissed. Catchwords: Harassment and victimisation Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Commissioner of Corrective Services -v- Aldridge [2000] NSWADTAP 5 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Sivananthan v Commissioner of Police, NSW Police Service [2001] NSWADT 44; Dutt v Central Coast Area Health Service [2002] NSWADT 133 Carter v Linuki Pty Ltd trading as Aussie Hire & Fitzgerald (EOD) [2005] NSWADTAP 40 Zhang v Blinds Pty Ltd trading as Blinds by Peter Meyer [2008] NSWADTAP 24 Category: Principal judgment Parties: Lorraine Gould (Applicant) The Director-General, New South Wales, On Behalf of Ambulance Service, New South Wales (Respondent) Representation: Everett Paull Solicitors & Conveyancers (Applicant) Lander & Rogers(Respondent) File Number(s): 081102

REASONS FOR DECISION

Introduction 1On 16 June 2008, Ms Lorraine Gould lodged a complaint of sexual discrimination and victimisation with the Anti-Discrimination Board. Ms Gould alleged that she was discriminated against and harassed by senior officers and male colleagues at Wellington ambulance station. She also alleged that she was victimised because she complained to her employer. The President of the Anti-Discrimination Board found that some of the incidents in Ms Gould's complaint occurred more than 12 months before she lodged a complaint with the Board. On 23 June 2008, the delegate of the President made a decision to decline events in the complaint that occurred prior to 16 June 2007. The President's report indicates that the Anti-Discrimination Board characterised the complaint as one of sexual discrimination in breach of sections 24 and 25 of the Anti-Discrimination Act 1977 (the Act) and victimisation in breach of section 50 of the Act. The President's report also refers to s53 and 52 (vicarious liability, and aiding and abetting). On 24 September 2008 Ms Gould's legal representative, Ms Everett, requested the complaint be referred to the Equal Opportunity Division of the Administrative Decisions Tribunal (the Tribunal) for a hearing.