Baker v The Crown in the Right of the State of NSW (Secretary, NSW Ministry of Health) [2020] NSWCATAD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baker v The Crown in the Right of the State of NSW (Secretary, NSW Ministry of Health) [2020] NSWCATAD 6 Hearing dates: 3 December 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: (1) Leave is granted for the portion of the complaint relating to the recruitment process for the role in Bathurst to proceed under section 96 of the Act. (2) Leave to proceed is refused for the portion of the complaint dealing with the unsuccessful applications for roles in Coonabarabran, Dubbo and Orange under section 96 of the Act. Catchwords: ANTI-DISCRIMINATION – application for leave to proceed with complaint - complaint of disability discrimination in employment – whether fair or just to grant leave Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Alone v State Housing Commission ("Homewest") (1992) EOC 92-392 Coomaraswamy v University of New South Wales [2016] NSWCATAD 41 Dutt v Central Coast Area Health Service [2002] NSWADT 133. Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Hayne v YMCA NSW [2016] NSWCATAD 14 Hussein v Nationwide News Pty Ltd [2016] NSWCATAD 139 Purvis v. State of NSW [2003] HCA 62; (2003) 217 CLR 92 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Udeh v University of Newcastle [2018] NSWCATAD 66 Texts Cited: None cited Category: Procedural and other rulings Parties: Deborah Baker (Applicant) The Crown in the Right of NSW (Respondent) Representation: Solicitors Maddocks Lawyers (Respondent)