Walker v Wakehurst Golf Club Ltd [2013] NSWADT 295

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Walker v Wakehurst Golf Club Ltd [2013] NSWADT 295 Hearing dates: 10 December 2013 Decision date: 20 December 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The Respondent's application for the Applicant's complaints of sex discrimination to be summarily dismissed is refused. 2. The Applicant's application for costs is refused. Catchwords: ANTI-DISCRIMINATION - summary dismissal - registered clubs - sporting activity - scope of s 34A and s 38 of Anti-Discrimination Act 1977 Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Interpretation Act 1987 Cases Cited: Fricke v Corbett Research Pty Ltd [2004] NSWADT 128 Margan v University of Technology, Sydney [2003] NSWADTAP 65 Re Australian Federation of Construction Contractors; Ex parte Billing (1986) 68 ALR 416 Tullamore Bowling & Citizens Club v Lander [1984] 2 NSWLR 32 Category: Interlocutory applications Parties: Susan Walker (Applicant) Wakehurst Golf Club Ltd (Respondent) Representation: Counsel Ms E Raper (Applicant) Ms C Ronalds SC (Respondent) Mary Cunningham (Applicant) Phillip McLeod, Lawyer (Respondent) File Number(s): 131032

reasons for decision

Introduction 1Ms Walker, who is a member of Wakehurst Golf Club Ltd, complained that the Club had discriminated against her on the ground of sex and victimised her in breach of the Anti-Discrimination Act 1977 (AD Act). The Club has applied to the Tribunal for Ms Walker's complaints of sex discrimination (but not the complaint of victimisation) to be summarily dismissed prior to hearing. The basis for the Club's application is that the direct discrimination complaints are misconceived, lacking in substance or fail to disclose a contravention of the AD Act: AD Act, s 102 and s 92(1)(a)(i) and (ii). 2The Club makes its application on two bases. The first is that Ms Walker's complaint under s 34A(2), relating to discrimination on the ground of sex by a registered club, cannot be substantiated because that section relates to entitlements of members of the club and does not "cover the playing of a game of golf". The second basis is that Ms Walker's complaint comes within the exemption in s 38 which allows a club to exclude men or women from participation in any single sex sporting activity.