McKellar v Bourke Bowling Club Ltd [2015] NSWCATAD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKellar v Bourke Bowling Club Ltd [2015] NSWCATAD 161 Hearing dates: 18 -19 March 2015 Decision date: 05 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Conley, Senior Member J Goodman-Delahunty, General Member I O'Connell, General Member Decision: The complaints are dismissed Catchwords: Discrimination – Race – Registered Club Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: Qantas Airways v Gama [2008] FCAFC 69; Burns v Laws (EOD) [2008] NSWADTAP 32; Chand v Rail Corporation of NSW (No2) [2009] NSWADTAP 27; Purvis v State of New South Wales [2003] HCA 62 ; Shamoon c Chief Constable of the Royal Ulster Constabulary[2003] UKHL 11; [2003] 2 All ER 26 Dutt v Central Coast Area Health Service [2002] NSWADT 133; Edwards v Bourke Bowling Club Limited [2000] NSWADT 31; Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR Category: Principal judgment Parties: Clancy McKellar (Applicant) Bourke Bowling Club Ltd (Respondent) Representation: Counsel: J Dalzell (Respondent) Solicitors: Western NSW Community Legal Centre (Applicant) Booth Brown Legal (Respondent) File Number(s): 131040

reasons for decision

Background 1. Clancy McKellar (the Applicant) is an Aboriginal man. He is married to Loretta McKellar who is an Aboriginal woman. They were both long-term members of the Bourke Bowling Club Ltd (the Respondent). The Respondent is a licensed registered Club located in Bourke, New South Wales. At the time of the incidents the subject of this complaint they lived in North Bourke which is located outside of the main township of Bourke across the Darling River. 2. Clancy McKellar complains that the Respondent directly discriminated against him on the grounds of his race in respect of his treatment in relation to incidents occurring on or about January 2011, May 2011 and 9 July 2011.