Carroll v Department of Family and Community Services [2015] NSWCATAD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carroll v Department of Family and Community Services [2015] NSWCATAD 82 Hearing dates: 24 February 2015 Decision date: 23 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave is refused for the complaint of contributory liability to proceed. Leave is refused for the complaint of homosexual discrimination to proceed. Leave is refused for the complaint of victimisation to proceed. Catchwords: ANTI-DISCRIMNIATION – complaints of contributory liability, homosexual discrimination and victimisation against by occupant of social housing declined by President of Anti-Discrimination Board as lacking in substance – whether fair and just for complaint to proceed - Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Aussie Traveller Pty Ltd v Marklea Pty Ltd (1997) QConvR 54-485 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Elliott v Nanda (2001) 11 FCR 240) Horne v Press Clough Joint Venture (1994) EOC 92-556 Molony v Golden Ponds Corporation Pty Ltd (1995) EOC 92-674) Seltsam Pty Ltd v McGuiness [2000] NSWCA 29 (2000) 49 NSWLR 262 Texts Cited: Rees Lindsay and Rice, Australian Anti-Discrimination Law, (2nd ed 2014, The Federation Press) Category: Principal judgment Parties: Stephen Carroll (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: S Carroll (Applicant in person) N Cureton, Department of Family and Community Services (Respondent) File Number(s): 1410700