Lawson v State of New South Wales (Housing NSW) [2012] NSWADT 127

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Lawson v State of New South Wales (Housing NSW) [2012] NSWADT 127 Hearing dates: 5 June 2012 Decision date: 08 June 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: The Applicant's application for registration of a conciliation agreement as a Tribunal order is refused. Catchwords: ORDERS - registration of terms of conciliation agreements made in Anti-Discrimination Board proceedings as orders of the Tribunal - whether terms are terms that could have been the subject of an order in proceedings relating to a complaint under the Anti-Discrimination Act 1977 - whether the respondent has complied with the terms of the agreement Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1998 Cases Cited: World Series Cricket v Parish (1977) 16 ALR 181 IW v City of Perth [1997] HCA 30; (1997) 146 ALR 696 Commonwealth v HREOC (1998) 152 ALR 182 Rose v Secretary, Department of Social Security (1990) 92 ALR 521 Texts Cited: Spry Equitable Remedies, 7th ed, Lawbook Co 2007 Category: Principal judgment Parties: Janet Lawson (Applicant) State of NSW (Housing NSW) (Respondent) Representation: Counsel S Gardiner (Respondent) Australian Centre for Disability Law (Applicant) File Number(s): 121045

REASONS FOR DECISION

Introduction 1Ms Lawson has applied to register a conciliation agreement made between her and Housing NSW at the Anti-Discrimination Board (the ADB) on 11 October 2011. The effect of registration is that the agreement can be enforced as an order of the Tribunal. The conciliation agreement was signed following a complaint Ms Lawson made to the Board that Housing NSW had discriminated against her on the ground of disability in breach of the Anti-Discrimination Act 1977 (AD Act). Ms Lawson says that Housing NSW has not complied with all of the terms of the agreement.