Livermore & Anor -v- The New Children's Hospital Westmead [2002] NSWADT 111

Livermore & Anor -v- The New Children's Hospital Westmead [2002] NSWADT 111

No breach of s7 or s19 was established. Mrs Livermore had standing to claim discrimination by association, but the evidence did not show less favourable treatment on the ground of race. The absence of an Aboriginal Liaison Officer during part of the period resulted from lack of a replacement while the officer was on leave and was not discriminatory. No relevant language barrier was established or brought to staff attention. Addressing the more assertive parent and/or the mother of a newborn was not less favourable treatment, and the treatment received was treatment that would be given to all couples with a critically ill baby.

Jurisdiction
Australia
Judgment Date
28 June 2002
Procedural Posture
Race Discrimination Goods and Services / Principal Matter
Outcome
Application dismissed; no discrimination on the grounds of race was made out pursuant to the Anti-Discrimination Act 1977 s7 or s19.
Legal Topics
['race Discrimination' 'goods and Services' 'hospital Services' 'less Favourable Treatment' 'discrimination by Association']
['anti Discrimination Law'] ['race Discrimination' 'goods and Services' 'hospital Services' 'less Favourable Treatment' 'discrimination by Association']

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Procedural Posture

Race Discrimination Goods and Services / Principal Matter

Legal Issues

  1. 1 ['Whether the Respondent breached s7 and s19 of the Anti-Discrimination Act 1977 by discriminating against the Applicants on the ground of race in the provision of services.' 'Whether Mrs Livermore could claim direct discrimination on the ground of her association with Mr Livermore.' 'Whether failure to provide an Aboriginal Liaison Officer for the entire period constituted race discrimination.' 'Whether alleged failure to account for a language barrier constituted race discrimination.' 'Whether hospital staff treated Mr Livermore less favourably by addressing Mrs Livermore in preference to him.']

Ratio Decidendi

No breach of s7 or s19 was established. Mrs Livermore had standing to claim discrimination by association, but the evidence did not show less favourable treatment on the ground of race. The absence of an Aboriginal Liaison Officer during part of the period resulted from lack of a replacement while the officer was on leave and was not discriminatory. No relevant language barrier was established or brought to staff attention. Addressing the more assertive parent and/or the mother of a newborn was not less favourable treatment, and the treatment received was treatment that would be given to all couples with a critically ill baby.

Court Disposition

Application dismissed; no discrimination on the grounds of race was made out pursuant to the Anti-Discrimination Act 1977 s7 or s19.

Orders

  • ['No breach of s7 or s19 of the Anti-Discrimination Act was established.' 'No discrimination on the grounds of race was made out pursuant to the Anti-Discrimination Act 1977 s7 or s19.']