James v State of NSW (Department of Justice (Corrective Services NSW)) [2020] NSWCATAD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v State of NSW (Department of Justice (Corrective Services NSW)) [2020] NSWCATAD 117 Hearing dates: On the papers Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: (1) The complaint made by Ms James and referred by the President of the Anti-Discrimination Board to NCAT on 25 February 2019 (the Complaint) is amended by adding Proposed Amendments 5 and 8. (2) The Tribunal declines to exercise the power to amend the Complaint by adding Proposed Amendments 1, 3, 6, 7 and 9. The Tribunal notes that the allegations made by Ms James the subject of Proposed Amendments 2 and 4 and allegation 1 of Proposed Amendment 8 fall within the scope of the Complaint. (3) Within 7 days of this decision the Respondent must notify the Tribunal and Ms James in writing whether it accepts liability for the conduct of Mr Michael Baldi in respect of Proposed Amendment 4. (4) By 28 May 2020, Ms James must give to the Tribunal and the Respondent all material on which she seeks to rely in these proceedings. This must include a chronology listing all key events Ms James contends are relevant to the Complaint, crossed referenced to the relevant allegation. (5) By 25 June 2020, the Respondent must give to the Tribunal and Ms James, all material on which it seeks to rely in these proceedings. This must include any proposed additions or amendments to the chronology prepared by Ms James. (6) By 9 July 2020, Ms James must give to the Tribunal and the Respondent any material in reply. (7) The proceedings is listed for directions (10 minutes) on 30 June 2020 to list the matter for hearing. Catchwords: HUMAN RIGHTS — discrimination — whether power to amend complaint under s 103 of Anti-Discrimination Act 1977 (NSW) should be exercised Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Anti-Discrimination Act 1977 (NSW) Crown Proceedings Act 1988 (NSW) Cases Cited: Chand v Rail Corporation of New South Wales [EOD] [2007] NSWADTAP 54 James v Department of Justice, Corrective Services NSW [2017] NSWCATAD 238 McCrystal v Commissioner of Police, NSW Police Force [2018] NSWCATAD 299 Thompson v Rail Corporation NSW [2008] NSWADT 329 Zhang v Blinds Pty Ltd trading as Blinds by Peter Meyer [2008] NSWADTAP 24 Texts Cited: None cited Category: Procedural and other rulings Parties: Rita James (Applicant) State of NSW (Department of Justice (Corrective Services NSW)) (Respondent) Representation: Counsel: D Mahendra, Counsel (Respondent)