El Kassir v Benjamin [2012] NSWADT 70

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: El Kassir v Benjamin [2012] NSWADT 70 Hearing dates: 28 February 2012 Decision date: 28 February 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave for the applicant's complaint of disability discrimination to proceed is refused. Catchwords: LEAVE - complaint of disability discrimination in the provision of services by a medical practitioner declined as lacking in substance - whether fair and just for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Cases Cited: Jones and Anor v Ekermawi [2009] NSWCA 388 Turner v State Transit Authority & anor [2004] NSWADT 89 Category: Principal judgment Parties: Hani El Kassir (Applicant) Dr Samir Benjamin (Respondent) Representation: H El Kassir (Applicant - in person) Avant Law Pty Ltd (Respondent) File Number(s): 121005

REasons for decision

Introduction 1Mr El Kassir complained to the President of the Anti-Discrimination Board that a psychiatrist, Dr Samir Benjamin, had discriminated against him on the ground of his disability. The President declined the complaint as lacking in substance. Mr El Kassir has applied to the Tribunal for permission for his complaint to proceed: Anti-Discrimination Act 1977 (AD Act), s 96. The Tribunal has a discretion to grant or refuse leave for the complaint to go ahead and will be guided by what is fair and just in the circumstances: Jones and Anor v Ekermawi [2009] NSWCA 388. When deciding whether to grant leave, the Tribunal may have regard to the grounds on which the President may decline a complaint under s 92(1) of the AD Act, including that the complaint lacks substance. 2In order to assess whether the complaint should proceed I need to examine both the factual and legal basis for the complaint.