Lian v Sydney Local Health Network [2012] NSWADT 58

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Lian v Sydney Local Health Network [2012] NSWADT 58 Hearing dates: 21 March 2012 Decision date: 02 April 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave for the applicant's complaint of sex and race discrimination in employment to proceed is refused. Catchwords: LEAVE - alleged discrimination on ground of race and sex in employment - complaint declined by President, Anti-Discrimination Board as lacking in substance - whether fair and just for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Jones & Anor v Ekermawi [2009] NSWCA 388 Australian Iron & Steel Pty Ltd v Banovic (1989) 169 CLR 165 Hamed v Director General, Department of Education [2007] NSWADT 43 Category: Principal judgment Parties: Jin Xiong Lian (Applicant) Sydney Local Health Network (Respondent) Representation: J Lian (Applicant in person) Bartier Perry (Respondent) File Number(s): 111124

REasons for decision

Introduction 1Mr Lian, a Clinical Nurse Specialist at Concord Repatriation Hospital, complained to the President of the Anti-Discrimination Board that he had been discriminated against by his employer, Sydney Local Health Network. The discrimination was said to be on the grounds of his sex and race (Chinese). The President of the Board declined the complaint as lacking in substance. Mr Lian requested that his complaint be referred to the Tribunal. A complaint which has been declined cannot go ahead unless the Tribunal gives its permission or 'leave': Anti-Discrimination Act 1977 (AD Act), s 96. The test to be applied is whether it is fair and just in all the circumstances for the complaint to proceed: Jones & Anor v Ekermawi [2009] NSWCA 388 at [60].