Mulley v The Deaf Society of NSW [2016] NSWCATAD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mulley v The Deaf Society of NSW [2016] NSWCATAD 18 Hearing dates: 2 November 2015 Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton - Principal Member Decision: Leave for the complaint to proceed before the Tribunal is refused. Catchwords: EQUAL OPPORTUNITY — leave required for complaint to proceed — principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Burns v Sunol [2015] NSWCATAD 178 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 Razaghi v Director-General, NSW Department of Health & Anor [2002] NSWADT 4 Stanborough v Woolworths Ltd [2005] NSWADT 203 Category: Principal judgment Parties: Lorraine Mulley (Applicant) The Deaf Society of NSW (Respondent) Representation: Solicitors: L Mulley (Applicant in Person) Norton Rose Fulbright (Respondent) File Number(s): 1510478

Judgment 1. Loraine Mulley lodged a complaint with the President of the Anti-Discrimination Board (the President) alleging that she had been discriminated against by The Deaf Society of NSW (the Society). The President decided to decline Ms Mulley's complaint (the Complaint) on the ground that it was lacking in substance: s 92(1)(a)(i) of the Anti-Discrimination Act, 1977 (NSW) (the Act). As a consequence, the Complaint may not be the subject of proceedings before the Tribunal without leave of the Tribunal (s 96(1) of the Act). 2. For the reasons that follow I have decided to refuse to grant leave for the Complaint to proceed.