Wallace v Anti-Discrimination Board of NSW [1999] NSWSC 1052

Wallace v Anti-Discrimination Board of NSW [1999] NSWSC 1052

Although the 21 day period in s91(1) is mandatory and cannot be extended, the phrase "within 21 days after the date of that notification" refers to notification actually given to and received by the complainant. On the unchallenged evidence, the President's notification was received by Wallace on 24 December 1998, so his written request sent by fax on 14 January 1999 was within time and the President erred in law in concluding otherwise.

Jurisdiction
Australia
Judgment Date
11 October 1999
Procedural Posture
Summons Seeking Declarations and an Order Requiring Referral of Anti Discrimination Complaints to the Administrative Decisions Tribunal / Supreme Court of New South Wales Common Law Division Determination of Summons
Outcome
For Plaintiff
Legal Topics
['rejection of Complaint' 'time for Referral to Tribunal' 'notification in Writing' 'mandatory Statutory Time Limit']
['anti Discrimination Law' 'administrative Law' 'statutory Interpretation'] ['rejection of Complaint' 'time for Referral to Tribunal' 'notification in Writing' 'mandatory Statutory Time Limit']

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Procedural Posture

Summons Seeking Declarations and an Order Requiring Referral of Anti Discrimination Complaints to the Administrative Decisions Tribunal / Supreme Court of New South Wales Common Law Division Determination of Summons

Legal Issues

  1. 1 ['Whether the President erred in law in concluding that no written request had been received from the plaintiff within the meaning of s91(1) of the Anti-Discrimination Act 1997.' "Whether the 21 day period in s91(1) ran from the date appearing on the President's letter or from actual receipt of the notification by the complainant." 'Whether the 21 day period for requiring referral of a complaint to the Tribunal could be extended.']

Ratio Decidendi

Although the 21 day period in s91(1) is mandatory and cannot be extended, the phrase "within 21 days after the date of that notification" refers to notification actually given to and received by the complainant. On the unchallenged evidence, the President's notification was received by Wallace on 24 December 1998, so his written request sent by fax on 14 January 1999 was within time and the President erred in law in concluding otherwise.

Court Disposition

For Plaintiff

Orders

  • ['The first defendant erred in law in concluding that the first defendant had not received a written request from the plaintiff within the meaning of s91(1) of the Anti-discrimination Act 1997.' "The first defendant refer the plaintiff's complaints to the Administrative Decisions Tribunal within the meaning of...