Dezfouli v Justice Health and Forensic Mental Health Network [2018] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Justice Health and Forensic Mental Health Network [2018] NSWCATAD 83 Hearing dates: 6 March 2018 Date of orders: 16 April 2018 Decision date: 16 April 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. Leave to proceed with the complaints of sexual harassment and sexual discrimination is refused. Catchwords: ANTI-DISCRIMINATION – Application for leave to proceed with complaints – Where applicant made complaint of sexual harassment against a nurse in the provision of services to him in a forensic hospital – Where no independent evidence of conduct constituting sexual harassment - Where applicant had made many previous complaints of sexual harassment – Where the services provided by the respondent were not identified – Meaning of "services" - Whether fair and just to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth) Cases Cited: Bacirongo v ACL Pty Ltd [2011] NSWADT 12 Briginshaw v Briginshaw (1938) 60 CLR 336 Dezfouli v Justice Health and Anor [2008] NSWADT 99 IW v City of Perth (1997) 191 CLR 1 Jones v Ekermawi [2009] NSWCA 388 Kuruppa v Director General, Department of Justice and Attorney General [2011] NSWADT 51 Pribicevic v State of New South Wales (Department of Family and Community Services) [2014] NSWCATAD 94 Rainsford v State of Victoria [2008] FCAFC 31 Rainsford v Victoria (2007) 96 ALD 90; [2007] FCA 1059 State of New South Wales v Whiteoak [2014] NSWCATAP 99 Waters v Public Transport Corp (1991) 173 CLR 349 Category: Principal judgment Parties: Saeed Dezfouli (applicant) Justice Health and Forensic Mental Health Network (first respondent) Shane van Herp (second respondent) Representation: Counsel: