Wade v Lord Howe Island Board Administration Office [2020] NSWCATAD 190

Wade v Lord Howe Island Board Administration Office [2020] NSWCATAD 190

The Board's consideration and refusal of Mr Wade's application to bring a motor vehicle onto Lord Howe Island, including the review process, formed part of its statutory, adjudicative and deliberative function of controlling and managing the affairs of the Island. On the reasoning in IW v City of Perth, that process was either not a 'service' at all or, if characterised as a service, it was a service that was provided because the application was considered. The refusal of approval was therefore not capable of amounting to a refusal to provide a service, and there was no allegation that any decision-making service was provided on discriminatory terms. The alleged facts, even if proven,...

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Discrimination Complaint on Grounds of Disability and Age Under the Anti Discrimination Act 1977 / Respondent's Application for Summary Dismissal Before the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
Proceedings dismissed.
Legal Topics
['age Discrimination' 'disability Discrimination' 'provision of Services' 'summary Dismissal' 'lord Howe Island Vehicle Approval']
['human Rights' 'anti Discrimination Law' 'civil Procedure' 'administrative Law'] ['age Discrimination' 'disability Discrimination' 'provision of Services' 'summary Dismissal' 'lord Howe Island Vehicle Approval']

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Procedural Posture

Discrimination Complaint on Grounds of Disability and Age Under the Anti Discrimination Act 1977 / Respondent's Application for Summary Dismissal Before the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the Lord Howe Island Board, in considering and refusing Mr Wade's application to bring a motor vehicle onto Lord Howe Island and upholding that refusal on review, was providing a 'service' for the purposes of sections 49M(1) and 49ZYN of the Anti-Discrimination Act 1977." "Whether the Board's refusal of approval was capable of amounting to a refusal to provide a service or discrimination in the terms on which a service was provided." 'Whether the proceedings were lacking in substance or otherwise disclosed no contravention of the Anti-Discrimination Act 1977 or Anti-Discrimination Regulation 2019.']

Ratio Decidendi

The Board's consideration and refusal of Mr Wade's application to bring a motor vehicle onto Lord Howe Island, including the review process, formed part of its statutory, adjudicative and deliberative function of controlling and managing the affairs of the Island. On the reasoning in IW v City of Perth, that process was either not a 'service' at all or, if characterised as a service, it was a service that was provided because the application was considered. The refusal of approval was therefore not capable of amounting to a refusal to provide a service, and there was no allegation that any decision-making service was provided on discriminatory terms. The alleged facts, even if proven,...

Court Disposition

Proceedings dismissed.

Orders

  • ['Pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 and section 102 of the Anti-Discrimination Act 1977, the proceedings are dismissed.']