Dezfouli v Justice Health and Forensic Mental Health Network (No 9) [2018] NSWCATAD 170

Dezfouli v Justice Health and Forensic Mental Health Network (No 9) [2018] NSWCATAD 170

Leave was refused because the Tribunal was not persuaded that it was fair or just for the sexual harassment complaints to proceed. The applicant had not identified the relevant services with precision, there were doubts whether the alleged conduct was conduct of a sexual nature, the second respondent strongly denied the incident, the applicant's account was unsupported by direct evidence from the other patient, and his history of similar complaints and related material made it very unlikely he would substantiate the complaints. Disclosure of the second respondent's name was prohibited because the complaint lacked substance, publication could adversely affect her reputation, and disclosure...

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Application for Leave to Proceed With Complaints of Sexual Harassment and Application for Non Publication Order / Leave Application After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance
Outcome
Leave to proceed with the complaints of sexual harassment was refused and disclosure of the second respondent's name was prohibited.
Legal Topics
['sexual Harassment' 'leave to Proceed With Complaint' 'non Publication Order' 'open Justice' 'provision of Services']
['anti Discrimination Law' 'administrative Law'] ['sexual Harassment' 'leave to Proceed With Complaint' 'non Publication Order' 'open Justice' 'provision of Services']

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Procedural Posture

Application for Leave to Proceed With Complaints of Sexual Harassment and Application for Non Publication Order / Leave Application After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave for the applicant's sexual harassment complaints to proceed in the Tribunal" 'Whether the applicant was likely to substantiate that the second respondent engaged in unwelcome conduct of a sexual nature in the course of providing services' "Whether it was desirable to prohibit disclosure of the second respondent's name"]

Ratio Decidendi

Leave was refused because the Tribunal was not persuaded that it was fair or just for the sexual harassment complaints to proceed. The applicant had not identified the relevant services with precision, there were doubts whether the alleged conduct was conduct of a sexual nature, the second respondent strongly denied the incident, the applicant's account was unsupported by direct evidence from the other patient, and his history of similar complaints and related material made it very unlikely he would substantiate the complaints. Disclosure of the second respondent's name was prohibited because the complaint lacked substance, publication could adversely affect her reputation, and disclosure...

Court Disposition

Leave to proceed with the complaints of sexual harassment was refused and disclosure of the second respondent's name was prohibited.

Orders

  • ["The disclosure of the second respondent's name is prohibited." 'Leave to proceed with the complaints of sexual harassment is refused.']