PW v Royal Prince Alfred Hospital & ors (EOD) [2007] NSWADTAP 36

PW v Royal Prince Alfred Hospital & ors (EOD) [2007] NSWADTAP 36

As sexual reassignment surgery is not among the services actually provided by NSW public hospitals to public patients, there has been no refusal of an actual service by the respondents. Accordingly, s 38M of the Anti-Discrimination Act 1977 does not apply, and no contravention is established.

Parties
Appellant: PW; First Respondent: Royal Prince Alfred Hospital; Second Respondent: Sydney South West Area Health Service; Third Respondent: State of New South Wales (NSW Department of Health)
Jurisdiction
Australia
Judgment Date
16 July 2007
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Transgender Discrimination, Refusal of Service, Statutory Interpretation, Appeal on Questions of Law and Merits
Anti Discrimination Law Health Law Administrative Law Transgender Discrimination Refusal of Service Statutory Interpretation Appeal on Questions of Law and Merits

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Parties

PW

Appellant

Royal Prince Alfred Hospital

First Respondent

Sydney South West Area Health Service

Second Respondent

State of New South Wales (NSW Department of Health)

Third Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the refusal to provide sexual reassignment surgery on a public patient basis contravenes s 38M of the Anti-Discrimination Act 1977
  2. 2 Whether 'service' under s 38M requires identification of an actual service provided
  3. 3 Whether there is a statutory duty to provide particular procedures under the Health Services Act 1997

Ratio Decidendi

As sexual reassignment surgery is not among the services actually provided by NSW public hospitals to public patients, there has been no refusal of an actual service by the respondents. Accordingly, s 38M of the Anti-Discrimination Act 1977 does not apply, and no contravention is established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed