Garriock v Football Federation Australia [2016] NSWCATAD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Garriock v Football Federation Australia [2016] NSWCATAD 63 Hearing dates: 14 August 2015 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member A Lowe, General Member A Limbury, General Member Decision: (1) Complaint dismissed. (2) Any application for costs must be filed and served, with supporting submissions, within 21 days of the date of this decision. (3) Any opposing submissions must be filed and served within a further 21 days. Catchwords: EQUAL OPPORTUNITY — indirect discrimination —on the grounds of a person's "responsibilities as a carer" — meaning of "condition or requirement" — identification of base group —was the base group required to comply with the condition or requirement Legislation Cited: Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Australian Iron and Steel Pty Limited v Banovic [1989] HCA 56; (1989) 168 CLR 165 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Catholic Education Office v Clarke [2004] FCAFC 197; (2004) 138 FCR 121 Walker v State of Victoria [2011] FCA 258 at [194] State of New South Wales v Amery [2006] HCA 14; (2006) 230 CLR 174 Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 Allders International Pty v Anstee (1986) 5 NSWLR 47 at 55 Bonella & Ors v Wollongong City Council [2001] NSWADT 194 Hurst v State of Queensland [2006] FCAFC 100 Hurst and Devlin v Education Queensland [2005] FCA 405 Reddy v International Cargo Express [2005] NSWADT 3 Category: Principal judgment Parties: Heather Garriock (Applicant) Football Federation of Australia (Respondent) Representation: Counsel: S Moore QC, A Aleksov (Applicant) K Eastman SC (Respondent)