Dezfouli v Justice Health and Forensic Mental Health Network [2019] NSWCATAD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Justice Health and Forensic Mental Health Network [2019] NSWCATAD 136 Hearing dates: 28 May 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: 1. Leave for the complaints of sexual harassment and victimisation to proceed is refused under s 96(1) of the Anti-Discrimination Act 1977. 2. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 disclosure of the name of the second respondent is prohibited Catchwords: ANTI-DISCRIMINATION – application for leave to proceed with complaints - complaint of sexual harassment – complaint of victimisation – whether fair or just to grant leave Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: Bacirongo v ACL Pty Ltd [2011] NSWADT 12 Carroll v Department of Family and Community Services [2015] NSWCATAD 82 Dezfouli v Justice Health and Forensic Mental Health Network [2019] NSWCATAD 31 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCA 388 Pribicevic v State of New South Wales (Department of Family and Community Services) [2014] NSWCATAD 94 Texts Cited: Nil Category: Principal judgment Parties: Saeed Dezfouli (Applicant) Justice Health and Forensic Mental Health Network (First Respondent) DXT (Second Respondent) Representation: S Dezfouli (Applicant in person by telephone) M Sterry (First Respondent) No appearance by Second Respondent File Number(s): 2018/304290 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 disclosure of the name of the second respondent is prohibited.