Tang v Northern Sydney Local Health District [2019] NSWCATAD 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tang v Northern Sydney Local Health District [2019] NSWCATAD 241 Hearing dates: 15 October 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: Leave for the complaint of victimisation to proceed is refused under s 96(1) of the Anti-Discrimination Act 1977. Catchwords: ANTI-DISCRIMINATION – application for leave to proceed with complaint - complaint of victimisation – whether fair or just to grant leave Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Carroll v Department of Family and Community Services [2015] NSWCATAD 82 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCCA 388 Category: Procedural and other rulings Parties: Sai Wei Tang (Applicant) Northern Sydney Local Health District (Respondent) Representation: Solicitors: Applicant (Self Represented) Mr Quested (Respondent) File Number(s): 2019/00321839 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application by Mr Sai Wei Tang for leave for a complaint of victimisation against his employer Northern Sydney Local Health District to go ahead. 2. The complaint was declined by the President of the Anti-Discrimination Board (ADB) on the basis that the President considered the complaint was lacking in substance. In those circumstances leave is required under s 96 of the Anti-Discrimination Act 1977 (NSW) for Mr Tang to proceed in the Tribunal with his complaint.