Breakspear v Secretary, Department of Family and Community Services [2018] NSWCATAD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Breakspear v Secretary, Department of Family and Community Services [2018] NSWCATAD 64 Hearing dates: 13 February 2018 Date of orders: 22 March 2018 Decision date: 22 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: Leave is refused for the Applicant's complaint of disability discrimination to proceed. Catchwords: HUMAN RIGHTS – where complaint of disability discrimination in the provision of accommodation declined by President of Anti-Discrimination Board as lacking in substance – whether leave should be given for the complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW),s 49B, s 49N, s54(1)(c), s 96, s 87B(3), s 92, s 102 Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 36, s 64(1) Cases Cited: Douglas v Department of Land and Housing [2011] FMCA 1028 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 IW v City of Perth (1997) 146 ALR 696 Texts Cited: Rees, Rice and Allen, Australian Anti-Discrimination & Equal Opportunity Law, (3rd ed, 2018, The Federation Press) Category: Procedural and other rulings Parties: Darrin Breakspear (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Applicant (self-represented)

Counsel: K Edwards (Respondent)

Solicitors: T Mai (Legal Officer, Department of Family and Community Services) (Respondent) File Number(s): 2017/00285547 Publication restriction: Under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the names of any tenants of the Respondent, other than the Applicant, mentioned in these proceedings is prohibited.