Nye v Nowra Local Aboriginal Land Council [2017] NSWCATAD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nye v Nowra Local Aboriginal Land Council [2017] NSWCATAD 107 Hearing dates: 21 March 2017 Date of orders: 05 April 2017 Decision date: 05 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: Leave granted Catchwords: Race discrimination in employment Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Coomaraswamy v University of New South Wales [2016] NSWCATAD 41 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Hayne v YMCA NSW [2016] NSWCATAD 14 Hussein v Nationwide News Pty Ltd [2016] NSWCATAD 139 Purvis v. State of NSW [2003] HCA 62; (2003) 217 CLR 92 Category: Procedural and other rulings Parties: Natalie Nye (Applicant) Nowra Local Aboriginal Land Council (Respondent) Representation: Solicitors: In Person (Applicant) In Person (Respondent) File Number(s): 2017/00036370 Publication restriction: N/A

Reasons for decision

Background

The Application 1. Ms Nye, ("the Applicant") brought proceedings for leave pursuant to section 96 of the Anti-Discrimination Act 1977 ("the Act") arising out of the Acting President of the Anti-Discrimination Board declining her complaint to the Anti-Discrimination Board ("ADB"). 2. The Applicant's complaint, as accepted by the Acting President, was of race discrimination in employment under sections 7 and 8 of the Act. 3. The Acting President of the Anti-Discrimination Board declined the complaint as lacking in substance: Anti-Discrimination Act 1977 (NSW), s 92(1) (a) on 8 December 2016. 4. On 3 January 2017, Ms Nye requested that the matter be referred to the New South Wales Civil and Administrative Tribunal ("the Tribunal") for a hearing. 5. The issue in this case is whether it is fair and just for the Tribunal to give Ms Nye permission (or "leave") for her complaint to go ahead: Anti-Discrimination Act, s 96. Ms Nye bears the onus of persuading the Tribunal that leave should be granted. 6. The Tribunal conducted a hearing of the application for leave on 21 March 2017. Ms Nye represented herself. The Respondent was represented by Ms Clarke, Chairperson and Mr Peterson CEO of NLALC. 7. The Tribunal is satisfied that it is fair and just for Ms Nye to be given leave to proceed with her complaint. The Tribunal has granted leave for the race discrimination in employment complaint to proceed against the Respondent for the following reasons.