Alchin v Rail Corporation NSW [2012] NSWADT 142

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Alchin v Rail Corporation NSW [2012] NSWADT 142 Hearing dates: 19 June 2012 Decision date: 23 July 2012 Jurisdiction: Equal Opportunity Division Before: R J Wright SC - Judicial Member Decision: The Tribunal: 1. orders that the words "race, and/or" should be struck out of paragraph 6 of the Points of Claim; 2. orders that those parts of the complaint which are claims of: (i) racial vilification; (ii) discrimination against Mr Alchin on the ground that he is or his relatives are Muslim, be dismissed under s 102 of the Anti-Discrimination Act 1977 (NSW) ("ADA"); 3. directs that the Applicant file and serve on the Respondent on or before 3 August 2012 a document identifying clearly what facts, matters and circumstances are alleged to constitute: (i) each instance of discrimination under s 8(2)(a), (b) or (c) of the ADA upon which the Applicant relies; and (ii) the basis for a finding that each instance referred to in (i) amounted to discrimination '"on the ground of race" within the meaning s 7(1) and of the ADA; (iii) each instance of detriment alleged to constitute victimisation under s 50 of the ADA upon which the Applicant relies; and (iv) the basis for a finding that each instance referred to in (iii) was on one of the grounds set out in s 50(1) of the ADA; 4. Otherwise, orders that the Respondent's interlocutory application made by letter dated 30 March 2012 be dismissed. 5. The application is listed for further case conference on 22 August 2012 at 3pm. Catchwords: Discrimination - Discrimination in Employment - Discrimination on the Ground of Race - Racial Vilification - Victimisation - Summary Dismissal Legislation Cited: Anti Discrimination Act 1977 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004 (NSW) Cases Cited: Rae v Commissioner of Police NSW (No 2) [2010] NSWADT 36 Razaghi v Director-General, NSW Department of Health [2002] NSWADT 4 Stanborough v Woolworths Ltd [2005] NSWADT 203 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Margan v University of Technology, Sydney [2003] NSWADTAP 65 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Keene v Director-General, Department of Justice and Attorney-General [2011] NSWADT 59 McDonald v Central Coast Community Legal Centre [2008] NSWADT 96 Khan v Commissioner, Department of Corrective Services [2002] NSWADT 131 Ahmed v Macquarie Radio Network (Radio Station 2GB) [2006] NSWADT 89 Kunhi v University of New England [2008] NSWADT 333 Ekermawi v Network Ten Pty Ltd [2008] NSWADT 334 Ekermawi v Harbour Radio Pty Ltd [2010] NSWADT 145 Ekermawi v Harbour Radio Pty Ltd (No 2) [2010] NSWADT 198 Barry v Futter [2011] NSWADT 205 Fricke v Corbett Research Pty Ltd [2004] NSWADT 128 Category: Interlocutory applications Parties: Edward John Alchin (Applicant) Rail Corporation of New South Wales Representation: Counsel R de Meyrick (Applicant) K Eastman (Respondent) Brazel Moore (Applicant) Henry Davis York (Respondent) File Number(s): 111048