Ekblad v Warringah Council [2015] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ekblad v Warringah Council [2015] NSWCATAD 186 Hearing dates: 14 July 2015 Date of orders: 07 September 2015 Decision date: 07 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave for the complaint of sex discrimination to proceed is refused. Catchwords: PRACTICE AND PROCEDURE – leave sought for complaint declined under the Anti-Discrimination Act 1977 to proceed – whether fair and just for leave to be granted- Legislation Cited: Education and Care Services National Regulations 2011 (Cth) Anti-Discrimination Act 1977 (NSW), s 24, 33, 54, 92 Cases Cited: Dutt v Central Area Health Services [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Category: Procedural and other rulings Parties: Hans Ekblad (Applicant) Warringah Council (Respondent) Representation: Solicitors: Applicant (in person) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 1510298

reasons for decision 1. Mr Ekblad has complained that Warringah Council discriminated against him on the ground of his sex by banning him from visiting the child care centre in which his child is enrolled. 2. The President of the Anti-Discrimination Board declined the complaint because it was lacking in substance: Anti-Discrimination Act 1977 (NSW), s 92(1)(a). When that happens, the complainant must apply to the Tribunal for permission or 'leave' for the complaint to go ahead: Anti-Discrimination Act, s 96. 3. I have refused leave in this case. If this complaint were to proceed to a hearing, it is highly unlikely Mr Ekblad would be able to prove that the alleged conduct constitutes a breach of the Anti-Discrimination Act.