Pelley v Director General, Department of Education and Communications [2013] NSWADT 229

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Pelley v Director General, Department of Education and Communications [2013] NSWADT 229 Hearing dates: 12 June 2012 Decision date: 17 October 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The respondent's application for summary dismissal is refused. 2. The applicant's application for costs is refused. 3. The matter is listed for case conference on 6 November 2013 at 11.45am. Catchwords: ANTI-DISCRIMINATION - application for summary dismissal - whether complaint relating to compliance with Workplace Injury Management and Workers Compensation Act 1998 can constitute breach of Anti-Discrimination Act 1977 - COSTS - whether respondent's delay in applying for summary dismissal makes if fair to award costs Legislation Cited: Anti-Discrimination Act 1977 Workplace Injury Management and Workers Compensation Act 1998 Administrative Decisions Tribunal Act 1997 Disability Discrimination Act 1992 (Cth) Cases Cited: Harding v Vice Chancellor, University of NSW (2003) NSWADT 74 Commissioner of Police v Orr [2001] NSWADTAP 16 Laycock v Commissioner of Police, NSW Police [2006] NSWADT 261 Baalbaki v Rail Corporation of New South Wales [2009] NSWADT 47 Purvis v State of New South Wales (2003) 217 CLR 92 Cosma v Qantas Airways Ltd (2002) 124 FCR 504 Smith v Director General, Department of Education and Training [2010] NSWADT 282 Smith v Department of Education and Communities [2013] NSWADT 162 Star City Pty Ltd v Hurst [2009] NSWADTAP 35 Ella and Ors v State of New South Wales [2005] NSWADT 145 Category: Interlocutory applications Parties: Geoffrey Pelley (Applicant) Department of Education and Communities (Respondent) Representation: Counsel P Lowson (Applicant) P Griffin (Respondent) Federation Law (Applicant) Department of Education and Communities (Respondent) File Number(s): 121088