OV and anor v QZ and anor (No.2) [2008] NSWADT 115

OV and anor v QZ and anor (No.2) [2008] NSWADT 115

The Tribunal held that the applicants were unlawfully discriminated against on the ground of homosexuality by being denied access to services necessary to apply to be foster carers. The Tribunal found the religious exemptions did not apply as the relevant doctrines were not shown to be doctrines of Christianity or the Uniting Church, nor was the policy shown to be necessary to avoid injury to religious susceptibilities of adherents of the religion. No discrimination on marital status was established, and the Trust was not shown to have aided or abetted the unlawful conduct.

Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Discrimination Complaint / Final Decision at Tribunal
Outcome
Complaint of discrimination on the ground of homosexuality substantiated; complaint on marital status dismissed.
Legal Topics
['homosexuality Discrimination' 'marital Status Discrimination' 'services Discrimination' 'religious Exemptions' 'remedies and Orders']
['anti Discrimination' 'equal Opportunity' 'administrative'] ['homosexuality Discrimination' 'marital Status Discrimination' 'services Discrimination' 'religious Exemptions' 'remedies and Orders']

Case Brief

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Procedural Posture

Discrimination Complaint / Final Decision at Tribunal

Legal Issues

  1. 1 ['Whether applicants were discriminated against on the grounds of homosexuality and/or marital status in the provision of services' 'Whether the acts and policies of the respondents are covered by exemptions for religious bodies' 'Whether the complaint was made within time and the Tribunal had jurisdiction' 'Whether the second respondent aided and abetted unlawful discrimination']

Ratio Decidendi

The Tribunal held that the applicants were unlawfully discriminated against on the ground of homosexuality by being denied access to services necessary to apply to be foster carers. The Tribunal found the religious exemptions did not apply as the relevant doctrines were not shown to be doctrines of Christianity or the Uniting Church, nor was the policy shown to be necessary to avoid injury to religious susceptibilities of adherents of the religion. No discrimination on marital status was established, and the Trust was not shown to have aided or abetted the unlawful conduct.

Court Disposition

Complaint of discrimination on the ground of homosexuality substantiated; complaint on marital status dismissed.

Orders

  • ['The complaint of discrimination on the ground of marital status is dismissed' 'The complaint of discrimination on the ground of homosexuality is substantiated' 'Within 21 days the first respondent is to pay each applicant, the sum of $5,000' 'The first respondent is to review its policy on homosexual foster carers...