Conroy v Nelson Bay Golf Club [2015] NSWCATAD 243

Conroy v Nelson Bay Golf Club [2015] NSWCATAD 243

The complaint failed as direct discrimination because the cart fee applied equally to persons regardless of disability and there was no evidence that the fee was charged because of the applicant's disability. It failed as indirect discrimination if the condition was formulated as payment of the $180 annual cart fee because the Tribunal was not satisfied that the applicant had a practical inability to comply with that condition. If the condition was reformulated as requiring completion of the course on foot, or completion on foot without paying an additional cart fee, the complaint still failed because the evidence did not allow the Tribunal to be satisfied that a substantially higher...

Jurisdiction
Australia
Judgment Date
12 August 2015
Procedural Posture
Complaint Under the Anti Discrimination Act 1977 (nsw) Alleging Disability Discrimination by a Registered Club / Complaint Referred to the Tribunal by the President of the Anti Discrimination Board for Determination
Outcome
Complaint dismissed
Legal Topics
['disability Discrimination' 'direct Discrimination' 'indirect Discrimination' 'registered Clubs' 'reasonableness of Condition or Requirement']
['anti Discrimination Law' 'administrative Law'] ['disability Discrimination' 'direct Discrimination' 'indirect Discrimination' 'registered Clubs' 'reasonableness of Condition or Requirement']

Case Brief

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Procedural Posture

Complaint Under the Anti Discrimination Act 1977 (nsw) Alleging Disability Discrimination by a Registered Club / Complaint Referred to the Tribunal by the President of the Anti Discrimination Board for Determination

Legal Issues

  1. 1 ['Whether the respondent discriminated against the applicant on the ground of disability by imposing an annual fee to use a motorised golf cart on the golf course.' 'Whether the complaint could be established as direct discrimination under ss 49B(1)(a) and 49O(2) of the Anti-Discrimination Act 1977 (NSW).' 'Whether the complaint could be established as indirect discrimination under s49B(1)(b) of the Anti-Discrimination Act 1977 (NSW), including whether the applicant was unable to comply with the condition or requirement and whether a substantially higher proportion of people without his disability could comply.' 'Whether any relevant condition or requirement was not reasonable in all the circumstances.']

Ratio Decidendi

The complaint failed as direct discrimination because the cart fee applied equally to persons regardless of disability and there was no evidence that the fee was charged because of the applicant's disability. It failed as indirect discrimination if the condition was formulated as payment of the $180 annual cart fee because the Tribunal was not satisfied that the applicant had a practical inability to comply with that condition. If the condition was reformulated as requiring completion of the course on foot, or completion on foot without paying an additional cart fee, the complaint still failed because the evidence did not allow the Tribunal to be satisfied that a substantially higher...

Court Disposition

Complaint dismissed

Orders

  • ['Complaint dismissed']