Green v Department of Family and Community Services [2013] NSWADT 193

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Green v Department of Family and Community Services [2013] NSWADT 193 Hearing dates: 10 and 11 July 2013Written submissions closed 15 August 2013 Decision date: 27 August 2013 Jurisdiction: Equal Opportunity Division Before: R J Wright SC, Judicial Member J Schneeweiss, Non-Judicial Member J McClelland, Non-Judicial Member Decision: The Tribunal orders: The complaint be dismissed in whole. Catchwords: Disability Discrimination - Employment - Direct Discrimination - Inherent Requirements - Unjustifiable Hardship Legislation Cited: Anti Discrimination Act 1977 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004 (NSW) Cases Cited: Fricke v Corbett Research Pty Ltd [2004] NSWADT 128 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Abdulrahman v Toll Pty Ltd t/as Toll Express [2006] NSWADT 221 Purvis v State of New South Wales (2003) 217 CLR 92 Boehringer Ingelheim Pty Limited v Reddrop [1984] 2 NSWLR 13 Marsden v HREOC & Coffs Harbour & District Ex-Servicemen & Women's Memorial Club Ltd [2000] FCA 1619 Haines v Leves (1987) 8 NSWLR 442 Collier v Austin Health [2011] VSC 344 Zraika v Commissioner of Police, NSW Police [2004] NSWADT 67 X v The Commonwealth (1990) 200 CLR 177 Potts v Miller (1940) 64 CLR 282 Category: Principal judgment Parties: Kate Sarah Green (Applicant) Department of Family and Community Services (NSW) (Respondent) Representation: Counsel B Fogarty (Applicant) A Britt (Respondent) Inner City Legal Centre (Applicant) File Number(s): 121126