T (On Behalf Of M And S) -V- C, K, T And R [1998] NSWEOT

T (On Behalf Of M And S) -V- C, K, T And R [1998] NSWEOT

Mr T lacked standing to lodge a complaint on behalf of M and S because he was not the guardian nor had consent from the guardian at the relevant time. The Tribunal therefore had no jurisdiction to entertain the complaint, requiring its dismissal under s.111 of the Act.

Parties
Complainant: T (on behalf of M and S); Respondent: C; Respondent: K; Respondent: T; Respondent: R
Jurisdiction
Australia
Judgment Date
22 April 1998
Procedural Posture
Discrimination Complaint / Hearing and Determination of Summary Dismissal Application
Outcome
complaint dismissed for lack of standing
Legal Topics
Standing, Complaint Lodgement for Minors, Parental Guardianship, Dismissal for Lack of Standing, Suppression Orders
Anti Discrimination Law Standing Complaint Lodgement for Minors Parental Guardianship Dismissal for Lack of Standing Suppression Orders

Case Brief

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Parties

T (on behalf of M and S)

Complainant

C

Respondent

K

Respondent

T

Respondent

R

Respondent

Procedural Posture

Discrimination Complaint / Hearing and Determination of Summary Dismissal Application

Legal Issues

  1. 1 Whether Mr T had standing to lodge a complaint on behalf of M and S under s.88(2) of the Anti-Discrimination Act
  2. 2 Whether the complaint should be dismissed under s.111 of the Act for lack of standing
  3. 3 Appropriateness of suppression orders under s.110A

Ratio Decidendi

Mr T lacked standing to lodge a complaint on behalf of M and S because he was not the guardian nor had consent from the guardian at the relevant time. The Tribunal therefore had no jurisdiction to entertain the complaint, requiring its dismissal under s.111 of the Act.

Court Disposition

complaint dismissed for lack of standing

Orders

  • The complaint is dismissed under s.111 of the Anti-Discrimination Act.
  • Order under s.110A: the names of all parties, as well as those of Ms L, M and S, are suppressed; no information to be published leading to their identification.