GJE & GKA v Inner West Council [2025] NSWCATAD 11

GJE & GKA v Inner West Council [2025] NSWCATAD 11

The Tribunal found no evidence that the respondent's assessment, determination or complaint handling was discriminatory on the basis of disability or association; the respondent applied statutory planning controls and exercised discretion as permitted. Alleged comparators did not clearly demonstrate differential treatment on the ground of disability. The Tribunal held that both the DA assessment and complaint handling may constitute 'services' under ADA, but neither direct nor indirect discrimination was made out, and failure to consider internal policy (DIAP) was not an unlawful omission. The Tribunal lacked jurisdiction to determine the privacy claim under HRIPA.

Parties
Applicant: GJE and GKA; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
09 January 2025
Procedural Posture
Application for Orders Under Anti Discrimination Act 1977 (nsw); Administrative Complaint / Final Determination
Outcome
Application dismissed
Legal Topics
Disability Discrimination, Indirect Discrimination, Direct Discrimination, Planning Approval, Local Government, Provision of Services, Privacy Breach
Human Rights Administrative Law Equality Law Disability Discrimination Indirect Discrimination Direct Discrimination Planning Approval Local Government +2 more

Case Brief

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Parties

GJE and GKA

Applicant

Inner West Council

Respondent

Procedural Posture

Application for Orders Under Anti Discrimination Act 1977 (nsw); Administrative Complaint / Final Determination

Legal Issues

  1. 1 Whether respondent unlawfully discriminated against applicants on the ground of disability under the Anti-Discrimination Act 1977 (NSW) in the assessment and determination of a development application and handling of a related complaint
  2. 2 Whether respondent breached applicant’s privacy under the Health Records and Information Privacy Act 2002 (NSW) by public disclosure of health information
  3. 3 Whether assessment and determination of development applications by a council constitutes provision of 'services' under the ADA

Ratio Decidendi

The Tribunal found no evidence that the respondent's assessment, determination or complaint handling was discriminatory on the basis of disability or association; the respondent applied statutory planning controls and exercised discretion as permitted. Alleged comparators did not clearly demonstrate differential treatment on the ground of disability. The Tribunal held that both the DA assessment and complaint handling may constitute 'services' under ADA, but neither direct nor indirect discrimination was made out, and failure to consider internal policy (DIAP) was not an unlawful omission. The Tribunal lacked jurisdiction to determine the privacy claim under HRIPA.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.