Khan -v- Commisioner, Department of Corrective Services & anor [2002] NSWADT 131

Khan -v- Commisioner, Department of Corrective Services & anor [2002] NSWADT 131

The term 'ethno-religious' in the Anti-Discrimination Act 1977 (NSW) is ambiguous and not defined in ordinary dictionaries; however, it signifies a strong association between a group's nationality or ethnicity, culture, history, and religious beliefs and practices. Simply identifying as Muslim is insufficient; there must be evidence of a close tie between faith and race, nationality or ethnic origin to be so regarded. Procedural fairness requires the applicant to have the opportunity to file further evidence to establish such ties.

Jurisdiction
Australia
Judgment Date
31 July 2002
Procedural Posture
Race Discrimination Goods and Services Victimisation / Preliminary Matter
Outcome
Adjourned for further submissions and evidence; further directions made.
Legal Topics
['race Discrimination' 'ethno Religious Origin' 'statutory Interpretation' 'provision of Goods and Services' 'victimisation' 'administrative Law']
['anti Discrimination Law'] ['race Discrimination' 'ethno Religious Origin' 'statutory Interpretation' 'provision of Goods and Services' 'victimisation' 'administrative Law']

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Procedural Posture

Race Discrimination Goods and Services Victimisation / Preliminary Matter

Legal Issues

  1. 1 ["Meaning of 'ethno-religious' in the Anti-Discrimination Act 1977 (NSW)" "Whether Muslims are included as an 'ethno-religious' group for the purposes of the Act"]

Ratio Decidendi

The term 'ethno-religious' in the Anti-Discrimination Act 1977 (NSW) is ambiguous and not defined in ordinary dictionaries; however, it signifies a strong association between a group's nationality or ethnicity, culture, history, and religious beliefs and practices. Simply identifying as Muslim is insufficient; there must be evidence of a close tie between faith and race, nationality or ethnic origin to be so regarded. Procedural fairness requires the applicant to have the opportunity to file further evidence to establish such ties.

Court Disposition

Adjourned for further submissions and evidence; further directions made.

Orders

  • ['The applicant, if he so elects, to file and serve Amended Points of Claim, and any evidence and submissions on which he seeks to rely within 28 days of the date of this decision.' 'The respondents to file Amended Points of Defence, and any evidence and submissions on which they seek to rely within 28 days of...