Bignell v New South Wales Casino Control Authority & Anor [2000] NSWCA 38

Bignell v New South Wales Casino Control Authority & Anor [2000] NSWCA 38

The Tribunal's inquiry under the Anti-Discrimination Act 1977 into whether the Authority unlawfully discriminated on the basis of marital status does not constitute a 'review' or appeal of the Authority's decision for the purposes of s 155(1) of the Casino Control Act 1992, because the Tribunal cannot set aside, invalidate, or directly affect the validity or operation of the Authority's decision. Remedies are confined to compensation or orders to redress the discriminatory conduct, leaving intact the Authority's original decision; therefore, the privative clause does not preclude the Tribunal's jurisdiction.

Jurisdiction
Australia
Judgment Date
15 March 2000
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Administrative Law Division of the Supreme Court
Outcome
Appeal allowed; orders of lower court set aside; costs orders made.
Legal Topics
['privative Clauses' 'casino Control Act 1992 (nsw)' 'anti Discrimination Act 1977 (nsw)' 'review and Appeals of Administrative Decisions' 'jurisdiction of Tribunals' 'discrimination—marital Status']
['administrative Law' 'anti Discrimination Law' 'statutory Interpretation'] ['privative Clauses' 'casino Control Act 1992 (nsw)' 'anti Discrimination Act 1977 (nsw)' 'review and Appeals of Administrative Decisions' 'jurisdiction of Tribunals' 'discrimination—marital Status']

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Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Administrative Law Division of the Supreme Court

Legal Issues

  1. 1 ['Whether the privative clause in s 155(1) of the Casino Control Act 1992 precludes the Equal Opportunity Tribunal from hearing a complaint of discrimination against the Casino Control Authority' "The proper construction and effect of 'review' within s 155(1) of the Casino Control Act 1992" "Whether the Tribunal's inquiry constitutes a 'review' of the Authority's decision under s 155(1) of the Casino Control Act"]

Ratio Decidendi

The Tribunal's inquiry under the Anti-Discrimination Act 1977 into whether the Authority unlawfully discriminated on the basis of marital status does not constitute a 'review' or appeal of the Authority's decision for the purposes of s 155(1) of the Casino Control Act 1992, because the Tribunal cannot set aside, invalidate, or directly affect the validity or operation of the Authority's decision. Remedies are confined to compensation or orders to redress the discriminatory conduct, leaving intact the Authority's original decision; therefore, the privative clause does not preclude the Tribunal's jurisdiction.

Court Disposition

Appeal allowed; orders of lower court set aside; costs orders made.

Orders

  • ['If leave to appeal be necessary, grant leave to appeal' 'Appeal allowed' "Orders made by Black AJ on 22 May 1998 set aside, and in lieu thereof dismiss the Authority's appeal to the Supreme Court with costs" "Order that the Authority pay Ms Bignell's costs of the appeal, but have a certificate under the Suitors...