AEQ v Department of Education and Communities [2011] NSWADT 194

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AEQ v Department of Education and Communities [2011] NSWADT 194 Hearing dates: 2 August 2011 Decision date: 12 August 2011 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave is refused for the applicant's complaint to proceed. Catchwords: LEAVE - complaint of race discrimination in employment declined lacking in substance - leave required for complaint to proceed - test of what is fair and just in the circumstances - complaint misconceived and lacking in substance Legislation Cited: Anti-Discrimination Act 1977 Public Sector Employment and Management Act 2002 Cases Cited: Australian Iron & Steel Pty Ltd v Banovic (1989) 169 CLR 165 Chi v Technical and Further Education Commission (EOD) [2010] NSWADTAP 67 Chi v Technical and Further Education Commission (No 3) [2009] NSWADT 271 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Jones & Anor v Ekermawi [2009] NSWCA 388 Philip v State of New South Wales [2011] FMCA 308 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11; [2003] 2 All ER 26 Category: Interlocutory applications Parties: AEQ (Applicant) Department of Education and Communities (Respondent) Representation: Counsel P Ginters (Respondent) AEQ (Applicant - In person) Crown Solicitor's Office (Respondent) File Number(s): 111045