Short v Transport for NSW [2021] NSWCATAD 367

Short v Transport for NSW [2021] NSWCATAD 367

The Tribunal found that the respondent, in carrying out statutory traffic management and road functions relating to the B-Line Project and the removal of the median strip, was not providing a 'service' under the Anti-Discrimination Act 1977 (NSW), as the activities were government functions generally imposed on all affected, not made available for the benefit of a particular class. Even if a service had been provided, there was no evidence of refusal or provision on discriminatory terms; all pedestrians, including the applicants, could access the crossing equally and no relevant conditions or terms were imposed. Thus, the applicants failed to establish indirect discrimination under the ADA.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Administrative / Discrimination Complaint / Hearing and Final Decision
Outcome
application dismissed
Legal Topics
['disability Discrimination' 'age Discrimination' 'definition of Services' 'government Functions' 'indirect Discrimination']
['anti Discrimination Law' 'administrative Law'] ['disability Discrimination' 'age Discrimination' 'definition of Services' 'government Functions' 'indirect Discrimination']

Case Brief

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Procedural Posture

Administrative / Discrimination Complaint / Hearing and Final Decision

Legal Issues

  1. 1 ["Whether the respondent's alterations to pedestrian crossings constitute the provision of 'services' within the meaning of the Anti-Discrimination Act 1977 (NSW)" 'Whether the applicants suffered indirect discrimination on grounds of age or disability in the provision of services']

Ratio Decidendi

The Tribunal found that the respondent, in carrying out statutory traffic management and road functions relating to the B-Line Project and the removal of the median strip, was not providing a 'service' under the Anti-Discrimination Act 1977 (NSW), as the activities were government functions generally imposed on all affected, not made available for the benefit of a particular class. Even if a service had been provided, there was no evidence of refusal or provision on discriminatory terms; all pedestrians, including the applicants, could access the crossing equally and no relevant conditions or terms were imposed. Thus, the applicants failed to establish indirect discrimination under the ADA.

Court Disposition

application dismissed

Orders

  • ['1. The application is dismissed.']