PW v Royal Prince Alfred Hospital and Ors [2007] NSWADT 31

None of the respondents provide SRS nor are they under a statutory duty to do so; refusal to provide SRS is not unlawful discrimination under s 38M(a) of the Anti-Discrimination Act 1977.

Jurisdiction: Australia
Judgment Date: 05 February 2007
Procedural Posture: Complaint Under Anti Discrimination Act 1977 / Final Decision by NSW Administrative Decisions Tribunal
Outcome: Complaint dismissed
Legal Topics: ['transgender Discrimination' 'provision of Health Services' 'statutory Duty of Public Hospitals']

['anti Discrimination' 'health Law' 'administrative Law'] ['transgender Discrimination' 'provision of Health Services' 'statutory Duty of Public Hospitals']

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 / Final Decision by NSW Administrative Decisions Tribunal

Legal Issues

1 ['Whether refusal to provide sex reassignment surgery (SRS) by public hospitals constitutes discrimination on transgender grounds under s 38M(a) of the Anti-Discrimination Act 1977' 'Whether any respondent provides SRS or has a statutory duty to provide SRS' 'Whether refusal amounts to less favourable treatment on the ground of being transgender']

Ratio Decidendi

None of the respondents provide SRS nor are they under a statutory duty to do so; refusal to provide SRS is not unlawful discrimination under s 38M(a) of the Anti-Discrimination Act 1977.

Court Disposition

Complaint dismissed

Orders

['The complaint is dismissed']