Dezfouli v Justice Health and Forensic Mental Health Network [2014] NSWCATAD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Justice Health and Forensic Mental Health Network [2014] NSWCATAD 188 Hearing dates: 28 February 2014, 2 June 2014, 15 July 2014 Decision date: 05 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon, Senior Member; J Newman, General Member; J Schwager, General Member Decision: The complaint of discrimination on the grounds of disability is dismissed. Catchwords: Complaint of discrimination on grounds of disability - disability due to mental condition - complainant a forensic patient in the Forensic Hospital at Malabar - list of complainant's correspondence created - whether creation and use of list constituted discrimination - whether a person without the complainant's disability would have been treated more favourably - whether list created and used on the grounds of disability, or for other reasons Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Dezfouli v Department of Corrective Services [2008] NSWADT 277 Dezfouli v Corrective Services [2011] NSWADT 11 Purvis v State of New South Wales [2003] HCA 62; 217 CLR 92 Rainsford v State of Victoria [2007] FCA 1059 Wright v Commissioner of Police [2014] NSWCATAP 67 Category: Principal judgment Parties: Saeed Dezfouli (Applicant) Justice Health & Forensic Mental Health Network (Respondent) Representation: M Turner (Guardian at litem for Applicant) Crown Solicitors Office (Respondent) File Number(s): 131039