Pribicevic v State of New South Wales (Department of Family and Community Services), [2014] NSWCATAD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pribicevic v State of New South Wales (Department of Family and Community Services), [2014] NSWCATAD 94 Hearing dates: 25 February 2014 Decision date: 11 July 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave is refused for the applicant's complaint to proceed. Catchwords: ANTI-DISCRIMINATION - interlocutory application for leave for a complaint of discrimination to proceed when declined by the President of the Anti-Discrimination Board - whether fair or just to grant leave Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Jones and Anor v Ekermawi [2009] NSWCA 388 Category: Interlocutory applications Parties: Nedeljko Pribicevic Representation: Applicant (self-represented) Housing NSW (Respondent) File Number(s): 1410032

reasons for decision

Introduction 1Mr Pribicevic complains that Housing NSW, which is part of the Department of Family and Community Services, has discriminated against him on the ground of his disability. Mr Pribicevic describes his disability has having an artificial arm. His complaint is that Housing NSW has not responded adequately to complaints he has made about another tenant. 2The President of the Anti-Discrimination Board declined Mr Pribicevic's complaint as lacking in substance. Mr Pribicevic needs the Tribunal's permission before his complaint can proceed: Anti-Discrimination Act 1977 (NSW), s 96. The Tribunal has a discretion to grant or refuse leave for the complaint to go ahead and will be guided by what is fair and just in the circumstances: Jones and Anor v Ekermawi [2009] NSWCA 388. When deciding whether to grant leave, the Tribunal may have regard to the grounds on which the President may decline a complaint under s 92(1), including that the complaint lacks substance. 3The onus is on Mr Pribicevic to persuade the Tribunal to grant leave. He appeared with a support person and an interpreter.