Ellis v Southern Cross University [2015] NSWCATAD 258

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ellis v Southern Cross University [2015] NSWCATAD 258 Hearing dates: 20 October 2015 Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave is refused for the applicant's complaint of race discrimination to proceed. Catchwords: ANTI-DISCRIMINATION – leave to proceed when complaint declined as lacking in substance - complaint of race discrimination and victimisation against University – whether fair and just for complaint to proceed – complaint lacks merit – leave refused Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: 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 [2009] NSWSC 143 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Category: Principal judgment Parties: Hele Ellis (Applicant) Southern Cross University (Respondent) Representation: H Ellis (Applicant in person) B Atkinson (Southern Cross University Legal Office) (Respondent) File Number(s): 1510538 Publication restriction: Nil

reasons for decision

Introduction 1. Ms Ellis complains that Southern Cross University has discriminated against her on the ground of race and victimised her in breach of the Anti-Discrimination Act 1977 (NSW). 2. The President of the Anti-Discrimination Board declined the complaint on the basis that it was lacking in substance: Anti-Discrimination Act, 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. I have refused leave in this case because the complaint lacks substance and it is not fair and just for it to proceed.