Ratnayake v Bondi Surf Bathers Life Saving Club [2012] NSWADT 214

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ratnayake v Bondi Surf Bathers Life Saving Club [2012] NSWADT 214 Hearing dates: 9 and 17 October 2012 Decision date: 19 October 2012 Before: Magistrate N Hennessy, Deputy President Decision: Leave for the applicant's complaint to proceed is refused. Catchwords: LEAVE - EQUAL OPPORTUNITY - allegation of race discrimination against surf club - whether club exempt as a voluntary body - whether leave should be granted for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 Associations Incorporation Act 2009 Cases Cited: Jones and Anor v Ekermawi [2009] NSWCA 388 Strong v The Hospitals Contribution Fund of Australia Ltd [2004] NSWADT 176 Category: Principal judgment Parties: Roshan Ratnayake (Applicant) Bondi Surf Bathers Life Saving Club (Respondent) Representation: No appearance (Applicant) L Hyde, agent (Respondent) File Number(s): 121112

REASONS FOR DECISION

Introduction

1The issue in these proceedings is whether the Tribunal should give Mr Ratnayake permission for his complaint of race discrimination under the Anti-Discrimination Act 1977 (AD Act) to proceed. The complaint is about the way members of the Bondi Surf Bathers Life Saving Club treated him. Mr Ratnayake is a member of the Club and says that he was refused access to surf craft for training because of his race. He also says that he was subjected to racial abuse and jokes about his black skin and excluded from social activities. 2The President of the Anti-Discrimination Board declined the complaint as not disclosing a contravention of the AD Act. The President formed the view that the Club is a "voluntary body" and as such is exempt from the relevant provisions of the AD Act: s 57. 3The Tribunal has a discretion to grant or refuse leave for declined complaints 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 conduct, if proven, would not disclose a contravention of the AD Act. I have decided to refuse leave for the complaint to proceed because it is likely that if the complaint went ahead it would be dismissed.