Rikkone v NSW Ombudsman and TAFE NSW [2023] NSWCATAD 278

Rikkone v NSW Ombudsman and TAFE NSW [2023] NSWCATAD 278

The Tribunal dismissed the application on the basis that it does not have jurisdiction to review the decisions of TAFE NSW or the NSW Ombudsman as there is no enabling legislation conferring such jurisdiction, nor can it consider a discrimination complaint without prior referral from the President of the...

Source-derived case information.

Parties
Applicant: Esther Vladislavouna Rikkone; First Respondent: NSW Ombudsman; Second Respondent: TAFE NSW
Jurisdiction
Australia
Judgment Date
25 October 2023
Procedural Posture
Administrative Review Application and Discrimination Complaint / Application for Review Determined on the Papers, Jurisdiction Assessed
Outcome
Application dismissed for want of jurisdiction; misconceived and lacking in substance under s 55(1)(b) of the NCAT Act.
Legal Topics
Jurisdiction, Administrative Review, Discrimination, Tribunal Jurisdiction, Referral Requirement
Administrative Law Anti Discrimination Law Jurisdiction Administrative Review Discrimination Tribunal Jurisdiction Referral Requirement

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Parties

Esther Vladislavouna Rikkone

Applicant

NSW Ombudsman

First Respondent

TAFE NSW

Second Respondent

Procedural Posture

Administrative Review Application and Discrimination Complaint / Application for Review Determined on the Papers, Jurisdiction Assessed

Legal Issues

  1. 1 Whether the Tribunal has administrative review jurisdiction over decisions of TAFE NSW or NSW Ombudsman
  2. 2 Whether the Tribunal has jurisdiction to consider discrimination complaints without referral under s 95 of the Anti-Discrimination Act 1977

Ratio Decidendi

The Tribunal dismissed the application on the basis that it does not have jurisdiction to review the decisions of TAFE NSW or the NSW Ombudsman as there is no enabling legislation conferring such jurisdiction, nor can it consider a discrimination complaint without prior referral from the President of the Anti-Discrimination Board under s 95 of the Anti-Discrimination Act 1977.

Court Disposition

Application dismissed for want of jurisdiction; misconceived and lacking in substance under s 55(1)(b) of the NCAT Act.

Orders

  • The application is dismissed on the basis that it is misconceived and lacking in substance under s 55(1)(b) of the NCAT ACT.