Sydney Local Health District (Department of Forensic Medicine) v ANU (EOD) [2013] NSWADTAP 47

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Sydney Local Health District (Department of Forensic Medicine) v ANU (EOD) [2013] NSWADTAP 47 Hearing dates: 22 July 2013 Decision date: 23 October 2013 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President R Wright SC, Judicial Member Z Antonios, Non-judicial Member Decision: Interlocutory appeal dismissed Catchwords: EQUAL OPPORTUNITY - Complaint of unlawful discrimination because of disability of relative who was deceased at time of conduct in issue - respondent's application to dismiss for want of jurisdiction refused by Tribunal - interlocutory appeal - statutory interpretation - meaning of 'relative' not confined to a person who is alive at the time of the discriminatory conduct - 'disability' may refer to a condition affecting the body of a dead person - appeal dismissed Legislation Cited: Anti-Discrimination (Amendment) Bill 1994 Anti-Discrimination Act 1977 Corporations Act 2001 Disability Discrimination Act 1992 (Cth) Interpretation Act 1987 Cases Cited: ANU v State of New South Wales (Sydney Local Health District) [2013] NSWADT 38 CUNA Mutual Group Ltd v Bryant (2000) 102 FCR 270 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Re C and the Adoption of Children Act (1992) 27 NSWLR 388 Sydney Local Health Network v QY and QZ [2011] NSWCA 412 Category: Principal judgment Parties: Sydney Local Health District (Department of Forensic Medicine) (Appellant) ANU (Respondent) Representation: Counsel D Thomas (Appellant) Dr C S Ward (Respondent Curwoods Lawyers (Appellant) HALC Inc. (Respondent) File Number(s): 139012 Decision under appeal Citation: ANU v State of NSW (Sydney Local Health District) [2013] NSWADT 38 Date of Decision: 2013-02-15 00:00:00 Before: Equal Opportunity Division File Number(s): 121018