State of New South Wales v Whiteoak [2014] NSWCATAP 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: State of New South Wales v Whiteoak [2014] NSWCATAP 99 Hearing dates: 19 September 2014 Decision date: 04 December 2014 Jurisdiction: Appeal Panel Before: Wright J, President at [1]; Prof M Chesterman, Senior Member at [240]; Dr B Field, General Member at [253] Decision: 1. Leave to appeal is granted in respect of ground 4 of the appellant's grounds of appeal. 2. The Appeal is allowed. 3. The orders made by the Tribunal on 11 April 2014 are set aside. 4. The complaint is dismissed in whole, under s 108(1)(a) of the Anti-Discrimination Act 1997. Catchwords: APPEAL - question of error as to facts - leave to appeal required - arguable case - sufficient doubt as to findings made below - leave granted.

APPEAL - question of law - whether classification of inmates "services" for the purpose of the Anti-Discrimination Act 1977 (NSW), s 19 - classification not a service - appeal allowed - complaint dismissed.

WORDS & PHRASES - "services" - "provides" - Anti-Discrimination Act 1977 (NSW), s 19. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2008 (NSW) Disability Discrimination Act 1992 (Cth) Immigration Act 1971 (UK) Interpretation Act 1987 (NSW) Sex Discrimination Act 1975 (UK) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commissioner of Police v Mohamed [2009] NSWCA 432; 262 ALR 519 Commissioner of Police, NSW Police Force v Estate of Russell [2001] NSWSC 745 Contreras Ortiz v Commissioner Department of Corrective [2008] NSWADT 308 Dezfouli v Department of Corrective Services [2008] NSWADT 198 Duffy v Da Rin [2014] NSWCA 270 IW v City of Perth (1997) 191 CLR 1 R v Entry Clearance Officer, Bombay, Ex parte Amin [1983] 2 AC 819 Rainsford v State of Victoria [2008] FCAFC 31 Rainsford v Victoria (2007) 167 FCR 1 Richard v Director General, Department of Justice and the Attorney General (Corrective Services NSW) [2011] NSWADT 158 Robinson v Commissioner of Police, New South Wales Police Force [2013] FCAFC 64 Robinson v Commissioner of Police, NSW Police Force [2012] FCA 770 Rainsford v Victoria (2007) 167 FCR 1 Smith's Snackfood Company Ltd v Chief Commissioner of State Revenue (NSW) [2013] NSWCA 470 Waters v Public Transport Corporation (1991) 173 CLR 349 Whiteoak v State of New South Wales [2014] NSWCATAD 45 Texts Cited: Macquarie Dictionary (Online Edition) Oxford English Dictionary (Online Edition) Category: Principal judgment Parties: State of New South Wales (Department of Justice, Commissioner of Corrective Services NSW) (Appellant) Barry Whiteoak (Respondent) Representation: N Sharp (Appellant) A Howell (Respondent) Corrective Services NSW (Appellant) Legal Aid NSW (Respondent) File Number(s): AP 14/46370 (AP 14/0093) Decision under appeal Citation: [2014] NSWCATAD 45 Date of Decision: 2014-04-11 00:00:00 Before: J Wakefield, Senior Member N Hiffernan, General Member M Nasir, General Member File Number(s): 101067