Brown v Bourke Bowling Club [2012] NSWADT 248

Brown v Bourke Bowling Club [2012] NSWADT 248

The applicant was treated less favourably than non-Aboriginal club members in the imposition of disciplinary penalties, particularly suspension for objectionable language, and the real, genuine reason for this less favourable treatment was her Aboriginality; therefore there was direct race discrimination contrary to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Discrimination Complaint / Principal Judgment
Outcome
Complaint substantiated; applicant successful
Legal Topics
['race Discrimination' 'registered Clubs' 'club Membership Suspension' 'direct Discrimination' 'compensation for Non Economic Loss']
['anti Discrimination Law' 'equal Opportunity'] ['race Discrimination' 'registered Clubs' 'club Membership Suspension' 'direct Discrimination' 'compensation for Non Economic Loss']

Source-derived case record

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Procedural Posture

Discrimination Complaint / Principal Judgment

Legal Issues

  1. 1 ['Whether the respondent club discriminated against the applicant on the ground of race (Aboriginality) by suspending her membership for two years' 'Whether the penalty imposed was less favourable than that imposed upon non-Aboriginal persons in similar circumstances' "Whether causation for the less favourable treatment was the applicant's race"]

Ratio Decidendi

The applicant was treated less favourably than non-Aboriginal club members in the imposition of disciplinary penalties, particularly suspension for objectionable language, and the real, genuine reason for this less favourable treatment was her Aboriginality; therefore there was direct race discrimination contrary to the Anti-Discrimination Act 1977.

Court Disposition

Complaint substantiated; applicant successful

Orders

  • ['Respondent to pay the applicant $8,000 within 28 days.' 'Respondent to provide a written apology for discriminating on the grounds of Aboriginality within 28 days.' 'No order for costs unless an application is made within 28 days.']