Lawson v State of New South Wales (Housing NSW) (EOD) [2013] NSWADTAP 5

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Lawson v State of New South Wales (Housing NSW) (EOD) [2013] NSWADTAP 5 Hearing dates: 21 September 2012 Decision date: 23 January 2013 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President C Huntsman, Judicial Member P Smith, Non-judicial Member Decision: 1. Leave is granted for the appeal to extend to the merits 2. The appeal is allowed. 3. The decision of the Tribunal made on 8 June 2012 is set aside and the following decision is substituted: The following provisions of an Agreement (identified as 'Attachment A' to a Deed of Release) forming part of a Conciliation Agreement signed by or on behalf of each party on 11 October 2011 are registered as orders of the Tribunal: clauses 2, 3 (first and third sentences), 5, 6 (first and third sentences), 7, 8, 9, 9a, 10, 13 and 14. Catchwords: Anti-Discrimination Act 1977 - conditions applying to the registration of terms of a conciliation agreement as orders of the Tribunal - whether the terms of an agreement could have been the subject of orders under this Act Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Work Health and Safety Regulation 2011 Cases Cited: Collier v Sunol [2008] NSWADT 339 Gardiner v Aquasun Pty Ltd trading as Asher Coastwise Real Estate & anor (No 3) [2006] NSWADT 196 Lawson v State of New South Wales (Housing NSW) [2012] NSWADT 112 Mahfoud v Engineers Australia [2008] NSWADT 124 Texts Cited: NSW Law Reform Commission, Review of the Anti-Discrimination Act 1977 (NSW) (Report 92, 1999) Category: Principal judgment Parties: Janet Lawson (Appellant) State of New South Wales (Housing NSW) (Respondent) Representation: B Fogarty (Appellant) S Gardiner (Respondent) Australian Centre for Disability Law (Appellant) File Number(s): 129017 Decision under appeal Citation: Lawson v State of New South Wales (Housing NSW) [2012] NSWADT 112 Date of Decision: 2012-06-08 00:00:00 Before: Equal Opportunity Division File Number(s): 121045