Southey v The Australian Press Council [2023] NSWCATAD 121

Southey v The Australian Press Council [2023] NSWCATAD 121

Leave is granted to proceed with the complaint under s38B(1)(a) because prima facie evidence establishes less favourable treatment in complaints involving transgender issues as compared to others, making it fair and just for the complaint to proceed. Leave is refused under s38B(1)(b) as there was no evidence of indirect discrimination (no unreasonable condition or requirement imposed by the respondent).

Parties
Applicant: Claire Southey; Respondent: The Australian Press Council
Jurisdiction
Australia
Judgment Date
25 May 2023
Procedural Posture
Complaint for Transgender Discrimination / Leave to Proceed Application
Outcome
Leave granted in part
Legal Topics
Transgender Discrimination, Equal Opportunity, Procedural Leave, Anti Discrimination Act
Human Rights Administrative Law Transgender Discrimination Equal Opportunity Procedural Leave Anti Discrimination Act

Case Brief

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Parties

Claire Southey

Applicant

The Australian Press Council

Respondent

Procedural Posture

Complaint for Transgender Discrimination / Leave to Proceed Application

Legal Issues

  1. 1 Whether leave should be granted to proceed with complaint of transgender discrimination
  2. 2 Whether the applicant was treated less favourably because the complaint concerned transgender issues
  3. 3 Whether there was evidence of indirect discrimination

Ratio Decidendi

Leave is granted to proceed with the complaint under s38B(1)(a) because prima facie evidence establishes less favourable treatment in complaints involving transgender issues as compared to others, making it fair and just for the complaint to proceed. Leave is refused under s38B(1)(b) as there was no evidence of indirect discrimination (no unreasonable condition or requirement imposed by the respondent).

Court Disposition

Leave granted in part

Orders

  • Leave to proceed with the complaint of transgender discrimination pursuant to s38B(1)(a) of the Anti-Discrimination Act 1997 is granted.
  • Leave to proceed with the complaint of transgender discrimination pursuant to s38B(1)(b) of the Anti-Discrimination Act 1997 is refused.