Dungay v Kempsey Shire Council [2019] NSWCATAD 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dungay v Kempsey Shire Council [2019] NSWCATAD 225 Hearing dates: 15 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: (1) Leave to proceed with the complaint under section 96 of the Anti-Discrimination Act 1977 is refused. Catchwords: EQUAL OPPORTUNITY – leave required for complaint to proceed – principles applying to grant of leave

EQUAL OPPORTUNITY – race discrimination in provision of goods and services Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Jones & Anor v Ekermawi [2009] NSWCA 388 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Category: Procedural and other rulings Parties: James "Gurri" Dungay (Applicant) Kempsey Shire Council (Respondent) Representation: Solicitors: Applicant (Self Represented) C Milburn (General Manager) (Respondent) File Number(s): 2019/00294320 Publication restriction: Nil

REASONS FOR DECISION 1. Mr Dungay is a Dunghutti man from West Kempsey. He is an elder in the Dunghutti community. He considers himself responsible for taking care of Dunghutti land. These proceedings concerned an application by Mr Dungay for leave to proceed with a complaint of race discrimination in the provision of goods and services against the Kempsey Shire Council. The complaint was declined by the President of the Anti-Discrimination Board (ADB) on the basis that it was lacking in substance. Mr Dungay requested that the President of the ADB refer the complaint to the Tribunal. Section 96 of the Anti-Discrimination Act 1977 (ADA) requires that when the President of the ADB declines a complaint, the complainant must obtain the leave of the Tribunal to proceed.