Shanahan v Western Sydney Local Health District [2018] NSWCATAD 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shanahan v Western Sydney Local Health District [2018] NSWCATAD 250 Hearing dates: 25 September 2018; submissions 2, 9, 11 October 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: The application for interim orders under s 105 of the Anti-Discrimination Act 1977 is dismissed. Catchwords: INTERLOCUTORY ORDERS – application for interim order Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Australian Broadcasting Commission v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Dhillon v Rail Corporation of New South Wales [2009] NSWADTAP 63 McEwan v 365 Site Services Pty Ltd [2016] NSWCATAD 310 Category: Principal judgment Parties: Ian Shanahan (Applicant) Western Sydney Local Health District (Respondent) Representation: Solicitors: Ian Shanahan (Applicant in person) Sparke Helmore (Respondent) File Number(s): 2018/00282606

REASONS FOR DECISION 1. Dr Ian Shanahan applied to the Tribunal on 13 September 2018 for interim orders under s 105 of the Anti-Discrimination Act 1977 (the AD Act), in the following terms: I undergo haemodialysis at Westmead Public Hospital, in Room 14 of Ward A6b, three times per week. I wish simply for the hospital to be compelled, via an interim order, to close the door to my room at all times whilst I am present in the room. 1. Dr Shanahan provided copies of documents relating to his discrimination complaint which he lodged with the Anti-Discrimination Board of NSW (ADB) on 4 June 2018 against Westmead Hospital (WH). Westmead Hospital is a unit of Western Sydney Local Health District (WSLHD). 2. Dr Shanahan's grounds for the application for orders under s 105 are, in summary, that his complaint to the ADB revolves around (a) discrimination towards him and institutional bullying on the basis of mental disorders while undergoing haemodialysis as evidenced by medical staff at WH not taking into account side-effects of his mental conditions, as well as (b) harassing, threatening and intimidating visits and behaviour from non-medical hospital staff. The main issues he is concerned about are (a) being treated unfairly and with disregard for his mental well-being, and (b) receiving visits from non-medical staff who harass and try to intimidate him. As a result of his complaint he wants (a) the door to the room in which he receives dialysis to preferably be closed or if it must remain open to be almost closed in order to shut out as much noise as possible, and (b) not to be harassed and bullied by non-medical staff who visit him against his wishes. 3. The Tribunal has power to make interim orders under s105 of the AD Act: 105 Interim orders (1) The Tribunal may, on the application of the President after a complaint is made and before the complaint is declined, terminated or otherwise resolved by the President, or referred to the Tribunal, or on the application of a complainant or respondent at any time, make an interim order: (a) to preserve the status quo between the parties to the complaint, or (b) to preserve the rights of the parties to the complaint, or (c) to return the parties to the complaint to the circumstances they were in before the contravention of this Act or the regulations alleged in the complaint occurred, pending determination of the matter the subject of the complaint. (2) For the avoidance of doubt, section 62 of the Civil and Administrative Tribunal Act 2013 applies to an interim order of the Tribunal in the same way as it applies to a general decision of the Tribunal.