Roberts v Department of Justice, Corrective Services NSW [2017] NSWCATAD 310

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Department of Justice, Corrective Services NSW [2017] NSWCATAD 310 Hearing dates: 11 August 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. Leave is granted for the respondent to appear and be represented for the purpose of determining the applicant's application under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW). 2. Leave is granted under s 5 of the Felons (Civil Proceedings) Act 1981 (NSW) for the applicant to institute these proceedings. 3. Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the applicant's complaint to proceed. 4. The publication of paragraphs 30 to 36 of the Respondent's submissions dated 8 September 2017 is prohibited. This order is made under section 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: HUMAN RIGHTS – rights of 'felons' to institute civil proceedings – where applicant in custody has been convicted of a serious indictable offence – where applicant has required President of Anti-Discrimination Board to refer complaint of disability discrimination to the Tribunal – whether Tribunal is a court for the purposes of s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) - whether applicant has instituted civil proceedings – whether the Tribunal is satisfied that the proceedings are not an abuse of process and that there is prima facie ground for the proceedings

PROCEDURAL FAIRNESS – whether material not provided to President of the Anti-Discrimination Board should be taken into account when determining whether to grant leave under s 96 of the Anti-Discrimination Act 1977 (NSW)