Khan -v- Commissioner, Department of Corrective Services & anor [2000] NSWADT 72

Khan -v- Commissioner, Department of Corrective Services & anor [2000] NSWADT 72

The conduct complained of arose from religious dietary requirements and was not discrimination on the ground of 'race' (ethno-religious origin) but rather on religious grounds, which is not unlawful under the Act; applications dismissed.

Jurisdiction
Australia
Judgment Date
08 June 2000
Procedural Posture
Complaint Under Anti Discrimination Act / Principal Matters—preliminary Questions—determination
Outcome
Applications dismissed
Legal Topics
['race Discrimination' 'ethno Religious Origin' 'victimisation' 'provision of Goods and Services' "prisoners' Rights"]
['anti Discrimination' 'equal Opportunity'] ['race Discrimination' 'ethno Religious Origin' 'victimisation' 'provision of Goods and Services' "prisoners' Rights"]

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Procedural Posture

Complaint Under Anti Discrimination Act / Principal Matters—preliminary Questions—determination

Legal Issues

  1. 1 ["Whether 'Muslim' falls within 'race' under s.4 of Anti-Discrimination Act 1977" 'Whether alleged conduct constitutes discrimination on the ground of race within meaning of the Act']

Ratio Decidendi

The conduct complained of arose from religious dietary requirements and was not discrimination on the ground of 'race' (ethno-religious origin) but rather on religious grounds, which is not unlawful under the Act; applications dismissed.

Court Disposition

Applications dismissed

Orders

  • ['Applications dismissed']