Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460

Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460

Leave and an extension of time were granted against SJOG because, on the material before the Court and applying the low filtering threshold for s 46PO(3A), the applicant had a sufficiently arguable case that she may have been treated differently from other medical staff present during the Event, potentially because of ethnicity, gender or age, and no prejudice was identified from the 67 day filing delay. Leave was refused against the Agency because the evidence showed regulatory action taken in response to notifications, health and professional concerns and representations made by the applicant or her lawyers, and there was no evidence or proper inference that the Agency or Board acted...

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Human Rights Application for Leave to Commence Proceedings Alleging Unlawful Discrimination Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth), With an Application for Extension of Time / Applications for Leave and Extension of Time After Termination of Complaints by the Australian Human Rights Commission
Outcome
In VID 781 of 2018, the application for an extension of time and leave to bring a proceeding against St John of God Healthcare Inc were granted, the matter was referred to mediation, and costs were reserved. In VID 782 of 2018, leave to bring a proceeding against the Australian Health Practitioner Regulation Agency...
Legal Topics
['leave to Commence Proceeding Under S 46 Po(3 A) of the Australian Human Rights Commission Act 1986 (cth)' 'extension of Time Under S 46 Po(2) of the Australian Human Rights Commission Act 1986 (cth)' 'termination of Complaints by the Australian Human Rights Commission' 'age Discrimination' 'racial Discrimination' 'sex Discrimination' 'disability Discrimination' 'health Practitioner Regulation']
['human Rights' 'discrimination Law' 'administrative and Constitutional Law and Human Rights'] ['leave to Commence Proceeding Under S 46 Po(3 A) of the Australian Human Rights Commission Act 1986 (cth)' 'extension of Time Under S 46 Po(2) of the Australian Human Rights Commission Act 1986 (cth)' 'termination of Complaints by the Australian Human Rights Commission' 'age Discrimination' 'racial Discrimination' 'sex Discrimination' 'disability Discrimination' 'health Practitioner Regulation']

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Procedural Posture

Human Rights Application for Leave to Commence Proceedings Alleging Unlawful Discrimination Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth), With an Application for Extension of Time / Applications for Leave and Extension of Time After Termination of Complaints by the Australian Human Rights Commission

Legal Issues

  1. 1 ['Whether leave should be granted under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) for the applicant to commence proceedings against St John of God Healthcare Inc alleging unlawful discrimination' 'Whether leave should be granted under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) for the applicant to commence proceedings against the Australian Health Practitioner Regulation Agency alleging unlawful discrimination' "Whether time should be extended under s 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth) for the applicant's late applications" "Whether the applicant's proposed claims were reasonably arguable and not fanciful" 'Whether delay and prejudice affected the grant of an extension of time']

Ratio Decidendi

Leave and an extension of time were granted against SJOG because, on the material before the Court and applying the low filtering threshold for s 46PO(3A), the applicant had a sufficiently arguable case that she may have been treated differently from other medical staff present during the Event, potentially because of ethnicity, gender or age, and no prejudice was identified from the 67 day filing delay. Leave was refused against the Agency because the evidence showed regulatory action taken in response to notifications, health and professional concerns and representations made by the applicant or her lawyers, and there was no evidence or proper inference that the Agency or Board acted...

Court Disposition

In VID 781 of 2018, the application for an extension of time and leave to bring a proceeding against St John of God Healthcare Inc were granted, the matter was referred to mediation, and costs were reserved. In VID 782 of 2018, leave to bring a proceeding against the Australian Health Practitioner Regulation Agency...

Orders

  • ['VID 781 of 2018: The application for an extension of time be granted.' 'VID 781 of 2018: Leave be granted to the applicant to bring a proceeding against the respondent pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth).' 'VID 781 of 2018: The matter be referred to mediation before a...