Dates (Worimi) v Commissioner of Police; Dates (Worimi) v Director General, NSW Land and Housing Corporation as agent for the Aboriginal Housing Corporation [2005] NSWADT 221

Dates (Worimi) v Commissioner of Police; Dates (Worimi) v Director General, NSW Land and Housing Corporation as agent for the Aboriginal Housing Corporation [2005] NSWADT 221

The police complaint was dismissed because, although Worimi was aboriginal and some police actions and charges later failed, the evidence did not establish that the police conduct, investigation, charges, attendance, opinions, or responses to complaints were on the ground of his aboriginality or that a non-aboriginal person would have been treated more favourably. The Housing complaint was substantiated because Housing knew Worimi was the target of persistent racial abuse and threats, failed to act on that conduct, treated him in the same way as non-aboriginal neighbours whose conduct was materially more serious, threatened Tribunal proceedings and relocation, and the only reasonable...

Jurisdiction
Australia
Judgment Date
30 September 2005
Procedural Posture
Race Discrimination Goods and Services / Principal Matter
Outcome
The complaint against the Commissioner of Police was dismissed. The complaint against the Director General of the NSW Land and Housing Corporation as agent for the Aboriginal Housing Corporation was substantiated, and compensation of $5,000 was ordered.
Legal Topics
['race Discrimination' 'provision of Services' 'police Services' 'public Housing Services' 'less Favourable Treatment' 'compensation for Loss and Damage']
['anti Discrimination Law' 'administrative Law' 'residential Tenancy'] ['race Discrimination' 'provision of Services' 'police Services' 'public Housing Services' 'less Favourable Treatment' 'compensation for Loss and Damage']

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Procedural Posture

Race Discrimination Goods and Services / Principal Matter

Legal Issues

  1. 1 ['Whether the Commissioner of Police treated Worimi less favourably than a non-aboriginal person in the same or materially similar circumstances on the ground of race in the provision of services.' 'Whether Housing failed to act on complaints of race-based conduct towards Worimi and treated him less favourably than a non-aboriginal person would have been treated in materially similar circumstances.' "Whether Housing's application to the Residential Tribunal for compliance orders against Worimi was discriminatory." "Whether Worimi suffered compensable loss and damage by reason of Housing's discriminatory conduct."]

Ratio Decidendi

The police complaint was dismissed because, although Worimi was aboriginal and some police actions and charges later failed, the evidence did not establish that the police conduct, investigation, charges, attendance, opinions, or responses to complaints were on the ground of his aboriginality or that a non-aboriginal person would have been treated more favourably. The Housing complaint was substantiated because Housing knew Worimi was the target of persistent racial abuse and threats, failed to act on that conduct, treated him in the same way as non-aboriginal neighbours whose conduct was materially more serious, threatened Tribunal proceedings and relocation, and the only reasonable...

Court Disposition

The complaint against the Commissioner of Police was dismissed. The complaint against the Director General of the NSW Land and Housing Corporation as agent for the Aboriginal Housing Corporation was substantiated, and compensation of $5,000 was ordered.

Orders

  • ['Matter 041055: The complaint against the Commissioner of Police is dismissed.' 'Matter 041055: Each party is to pay their own costs.' 'Matter 041056: The complaint against the Director General of the NSW Land and Housing Corporation as agent for the Aboriginal Housing Corporation is substantiated.' "Matter 041056:...