Hammond v Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra [2013] NSWADT 4

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hammond v Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra [2013] NSWADT 4 Hearing dates: 17 December 2012 Decision date: 10 January 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President D Kelleghan, Non-Judicial Member J Newman, Non-Judicial Member Decision: The complaint is dismissed. Catchwords: ANTI-DISCRIMINATION - complaint of race discrimination in provision of goods and services - Aboriginal woman refused service - case of mistaken identity - refusal of service not on the ground of race Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Category: Principal judgment Parties: Dulcie Alisia Hammond (Applicant) Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra (Respondent) Representation: Legal Aid Commission (Applicant) Whiteley, Ironside & Shillington (Respondent) File Number(s): 121075

REASONS FOR DECISION

Introduction 1Mr Weir, the manager of the Tattersalls Hotel Gilgandra, refused to serve an Aboriginal woman, Ms Hammond, and told her to leave the hotel. Ms Hammond complained of race discrimination. Later Mr Weir explained that he had confused her with another Aboriginal woman who he had previously barred. Ms Hammond accepted that explanation but still felt humiliated. She was further upset and embarrassed when Mr Weir revealed that the person he had confused her with had been offering male patrons oral sex in return for a drink. She said repeatedly that the other woman's behaviour was disgusting and that she was not that person. 2We understand and acknowledge Ms Hammond's distress. Mr Weir now realises that he should have checked Ms Hammond's identification before refusing to serve her and has apologised for his mistake. Despite that mistake, Mr Weir has not breached the Anti-Discrimination Act 1977. The real reason for telling Ms Hammond to leave was not her race, it was because he mistook her for someone else.