Khan v Blacktown City Community Radio SWR FM Association Inc [2006] NSWADT 15

Khan v Blacktown City Community Radio SWR FM Association Inc [2006] NSWADT 15

Leave to proceed with the complaints was refused because the applicants did not provide direct evidence linking the Radio Station's refusal of service to discriminatory grounds, and in any event, the Radio Station is likely protected by the voluntary body exception under s 57 of the Anti-Discrimination Act 1977.

Parties
First Applicant: Mohammed Shafiq Khan; Second Applicant: Mohammed Hamood Khan; First and Second Respondent: Blacktown City Community Radio SWR FM Association Inc
Jurisdiction
Australia
Judgment Date
16 January 2006
Procedural Posture
Application for Leave to Proceed (anti Discrimination) / Leave to Proceed Refused
Outcome
Leave to proceed refused for all complaints
Legal Topics
Racial Discrimination, Age Discrimination, Services Discrimination, Provision of Services, Voluntary Body Exception
Anti Discrimination Law Racial Discrimination Age Discrimination Services Discrimination Provision of Services Voluntary Body Exception

Case Brief

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Parties

Mohammed Shafiq Khan

First Applicant

Mohammed Hamood Khan

Second Applicant

Blacktown City Community Radio SWR FM Association Inc

First and Second Respondent

Procedural Posture

Application for Leave to Proceed (anti Discrimination) / Leave to Proceed Refused

Legal Issues

  1. 1 Whether the termination of membership and suspension from broadcasting by the respondent constitutes discrimination under s 19 of the Anti-Discrimination Act 1977
  2. 2 Whether the alleged conduct was on the ground of race or age
  3. 3 Whether the respondent is a voluntary body and entitled to the exception under s 57 of the Anti-Discrimination Act 1977

Ratio Decidendi

Leave to proceed with the complaints was refused because the applicants did not provide direct evidence linking the Radio Station's refusal of service to discriminatory grounds, and in any event, the Radio Station is likely protected by the voluntary body exception under s 57 of the Anti-Discrimination Act 1977.

Court Disposition

Leave to proceed refused for all complaints

Orders

  • File No 051100 leave is refused.
  • File No 051102 leave is refused.