Whiteoak v State of New South Wales [2014] NSWCATAD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whiteoak v State of New South Wales [2014] NSWCATAD 45 Hearing dates: 3, 4 and 5 April 201310 May 2013 (Submissions)6 August 2013 (Submissions) Decision date: 14 April 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J Wakefield, Senior Member N Hiffernan, General Member M Nasir, General Member Decision: The Tribunal orders that: 1. The Applicant's complaint that he was discriminated against by the Respondent in breach of s 19 of the Anti-Discrimination Act 1977 in the decision of the Respondent to classify him as C1 on 15 December 2008 is substantiated. 2. The Respondent is to pay the Applicant damages pursuant to s 108(2)(a) of the Anti-Discrimination Act 1977 assessed in the sum of $500, such damages to be paid into the Victims Support Fund pursuant to s 111A(2) of the Anti-Discrimination Act 1977 to be expended as money forming part of that Fund. 3. The Applicant's complaints are otherwise dismissed. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - Administrative and Equal Opportunity Division - discrimination - on grounds of race - direct discrimination - goods and services - causation - damages for loss of opportunity - ancillary orders - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Administrative Decisions Tribunal Amendment Act 2008 (NSW) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2001 (NSW) Crimes (Administration of Sentences) Regulation 2008 (NSW) Cases Cited: Boehringer Ingelheim Pty Ltd v Reddrop [1984] 2 NSWLR 13 Bonella v Wollongong City Council [2001] NSWADT 194 Brooks Maher v Cheung [2001] NSWADT 18 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Police, NSW Police Service v Estate of Russell [2001] NSWSC 745 Commissioner of Police v Mooney (No 3) [2004] NSWADTAP 22 Commissioner of Police v Mohamed [2009] NSWCA 432 Commonwealth v Evans [2004] FCA 654 Contreras-Ortiz v Commissioner, Department of Corrective Services [2008] NSWADT 308 Coopers Brewery Ltd v Panfida Foods Ltd [1992) 26 NSWLR 738 Cooper v Western Area Local Health Network [2012] NSWADT 39 Director-General, Department of Community Services v MM and another [2003] NSWSC 1241 Director General of Education v Breen [1982] 2 IR 93 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Elliott v State of NSW (NSW Police Force) [2011] NSWADT 159 Human Rights and Equal Opportunity Commission v Mt Isa Mines Ltd (1993) 46 FCR 301 IW v City of Perth (1997) 191 CLR 1 Kondos v Citadin Pty Ltd [LSD] [2003] NSWADTAP 7 La Trobe Capital & Mortgage Corporation Ltd v Hay Property Consultants Pty Ltd (2011) 190 FCR 299; FCAFC 4 Maile v Rafiq [2005] NSWCA 410 Monash University v Kapoor [1999] VSC 463 Mooney v Commissioner of Police (No 3) [2003] NSWADT 18 Nicholls & Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v State of New South Wales (2003) 217 CLR 92 R v Entry Clearance Officer, Bombay, ex-parte Amin [1983] 2 AC 818 Rainsford v State of Victoria [2005] FCAFC 163 Rainsford v State of Victoria [2007] FCA 1059 Rainsford v State of Victoria [2008] FCAFC 31 Richard v Director General, Department of Justice and the Attorney General (Corrective Services NSW) [2011] NSWADT 158 Robinson v Commissioner of Police, NSW Police Force [2012] FCA 770 Saraswati v The Queen (1991) 172 CLR 1 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] 2 ALL ER 26 Sutherland v Tallong Park Association Incorporated (No. 2) [2006] NSWADT 287 Sydney University Postgraduate Representative Association (SUPRA) v Minister for Transport Services [2006] NSWADT 83 Tallong Park Association Inc v Sutherland; Sutherland v Tallong Park Association Inc (EOD) [2007] NSWADTAP 19 University of Ballarat v Bridges [1995] 2 VR 418 UTSA Pty Ltd (In Liq) v Ultra Tune Australia Pty Ltd (1996) 21 ACSR 457 Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 Waters v Public Transport Corporation (1991) 173 CLR 349 Whiteoak v State of New South Wales (Department of Justice and Attorney General - Corrective Services NSW) [2012] NSWADT 135 Category: Principal judgment Parties: B Whiteoak (Applicant) State of New South Wales (Department of Justice and Attorney General - Corrective Services NSW) (Respondent) Representation: A Howell (Applicant) N L Sharp (Respondent) McGowan Lawyers (Applicant) G Singer, Department of Justice and Attorney General (Corrective Services NSW) (Respondent) File Number(s): 101067