Obieta v Australian College of Professionals Pty Ltd [2012] NSWADT 208

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Obieta v Australian College of Professionals Pty Ltd [2012] NSWADT 208 Hearing dates: 8 August 2012 Decision date: 12 October 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The complaint of sex discrimination is dismissed because it does not disclose a contravention of the Anti-Discrimination Act 1977. 2. The complaint of victimisation is dismissed in respect of allegations that: a) the respondent cancelled the two speakers from the real estate and business broking industry who were scheduled to speak to the class on 16 December 2010 b) the College cancelled the graduation for 17 December 2010 3. The application to dismiss the complaint of victimisation is refused in respect of the remaining allegations. 4. The application to dismiss the complaint of race discrimination is refused. 5. The matter is listed for case conference on 24 October 2012 at 2.15 pm for 30 minutes. Catchwords: EQUAL OPPORTUNITY - summary dismissal - accept applicant's evidence at its highest - extreme caution necessary - complaints of sex and race discrimination and victimisation - lacking in substance and/or no contravention of the Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Education Reform Act 1990 (repealed) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Technical and Further Education Commission Act 1990 Cases Cited: Dutt v Central Coast Area Health Service [2002] NSWADT 133 Metwally v University of Wollongong (1984) EOC 92-030 O'Callaghan v Loder [1983] 3 NSWLR 89 O'Sullivan v Pehm [2010] NSWADT 57 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11; [2003] 2 All ER 26 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Category: Principal judgment Parties: Lina Obieta (Applicant) Australian College of Professionals (Respondent) Representation: C P O'Neill (Respondent) L Obieta (Applicant in person) Wotton Kearney Insurance Lawyers (Respondent) File Number(s): 121008