Riley v State of New South Wales (Department of Education) [2019] NSWCATAD 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Riley v State of New South Wales (Department of Education) [2019] NSWCATAD 223 Hearing dates: 18 – 20 and 22 March 2019; 15 – 16 May 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Prof J Goodman-Delahunty, General Member Decision: (1) The applicants' application is dismissed. (2) Any party may make an application for costs by providing any evidence and submissions in support of such application to the Tribunal and the other parties by 19 November 2019. (3) Any party against whom, or against which, a costs application is made, is to provide any submissions and evidence on which the party intends to rely in response to the costs application, to the Tribunal and the other parties by 3 December 2019. (4) The applicant for a costs order is to provide any reply to the Tribunal and the other parties by 10 December 2019. (5) Any party applying for costs, or responding to an application for costs, is to address in the party's submissions whether the costs application should be dealt with on the papers. Catchwords: ANTI-DISCRIMINATION – racial discrimination – discrimination against contract workers – whether contract worker denied access to benefits or subjected to detriment – whether termination of contract with contract worker's employer constitutes not allowing the contract worker to work – whether differential treatment established – racial vilification – whether laughter and comments at school staff meeting a "public act" – whether laughter and comments capable of inciting serious contempt or severe ridicule – victimisation – whether informal complaints of racial discrimination made – whether second applicant did anything under or by reference to Anti-Discrimination Act – whether respondents subjected second applicant to a detriment Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (Cth) Equal Opportunity Act 1984 (WA) Inclosed Lands Protection Act 1901 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Anderson v Thompson [2001] NSWADT 11 Barry v Futter [2011] NSWADT 205 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Brooks v Secretary, Department of Family and Community Services [2017] NSWCATAD 300 Chand v RailCorp [2011] NSWCA 79 Chi v Technical and Further Education Commission [2012] NSWCA 421 Ekermawi v Jones (No 3) [2014] NSWCATAD 58 Fields v Commissioner of Police, NSW Police Force [2017] NSWCATAD 311 Hautlieu Pty Ltd (t/as Russell Pathology) v McIntosh [2000] WASCA 146 Jones v Trad [2013] NSWCA 389; (2013) 86 NSWLR 241 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Lipman v Commissioner of Police [2015] NSWCATAD 250 Marshall v Prescott [2015] NSWCA 110 Mitchell v Clayton Utz [2009] NSWADT 266 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Rae v Commissioner of Police, New South Wales Police Force (No 2) [2010] NSWADT 36 Sunol v Collier (No 2) [2012] NSWCA 44; (2012) 260 FLR 414 TB v New South Wales [2015] NSWSC 575 Tropoulos v Journey Lawyers Pty Ltd [2019] FCA 436; (2019) 287 IR 363 Whiteoak v State of New South Wales [2014] NSWCATAD 45 Z v University of A (No 7) [2004] NSWADT 81 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Nathan Riley (First Applicant) Robert Riley (Second Applicant) James Riley (Third Applicant) State of New South Wales (Department of Education) (First Respondent) Debbie Head (Second Respondent) Representation: Counsel: B Byrnes (Applicants) M Baroni (Respondents)