Tebb v State of NSW [2020] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tebb v State of NSW [2020] NSWCATAD 85 Hearing dates: 2 December 2019 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: (1) The application made by the respondent to dismiss the First Complaint is refused, except in relation to the allegations of indirect discrimination on the grounds of disability and carers' responsibilities. (2) The application made by the respondent to dismiss the Second Complaint is refused. (3) The application made by the applicant to amend the First and Second Complaints is refused. Catchwords: HUMAN RIGHTS — discrimination — whether power to dismiss complaint summarily under s 102 of the Anti-Discrimination Act 1977 should be exercised WORDS AND PHRASES — meaning of "misconceived" and "lacking in substance" HUMAN RIGHTS — discrimination — factors relevant to power to amend complaint under s 103 of Anti-Discrimination Act 1977 (NSW) Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Sector Employment Act 2019 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 BDK v Department of Education and Communities [2015] NSWCATAP 129 Burns v Sunol (No 2) [2017] NSWCATAD 236 at [75]; Bonella v Wollongong City Council [2001] NSWADT 194 Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 Chi v Technical and Further Education Commission (No 3) [2009] NSWADT 271 Glasgow City Council v Zafar [1997] UKHL 54; [1998] 2 All ER 953 Kitoko v Sydney Local Health District [2018] NSWCATAP 38 McCrystal v Commissioner of Police, NSW Police Force [2018] NSWCATAD 299 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Penhall-Jones v New South Wales [2007] FCA 925 Nicholls & Nicholls v Director-General Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v New South Wales [2003] HCA 62; (2003) 217 CLR 92 Seventh Day Adventist Church (North NSW Conference) Ltd v Seupule-Feau [2016] NSWCATAP 256 Sharma v Legal Aid (Qld) [2002] FCAFC 196; (2002) 115 IR 91 Sivananthan v Commissioner of Police [2001] NSWADT 44 Texts Cited: None cited Category: Procedural and other rulings Parties: Andrew Tebb (Applicant) State of NSW (Respondent) Representation: Counsel: R Graycar (Respondent)