Dezfouli v State of New South Wales (Justice Health) and anor (No.2) [2008] NSWADT 155

Dezfouli v State of New South Wales (Justice Health) and anor (No.2) [2008] NSWADT 155

Although the employee's sexual preference was confidential and he did not wish opinions or assertions about his sexuality to be publicly recorded, the decision merely recorded Mr Dezfouli's opinions and allegations, the employee had denied them, the Tribunal made no findings supporting them and refused leave for the complaint to proceed. The employee did not show practical disadvantage or reputational effect sufficient to displace the interests of open justice, so anonymisation was not desirable under section 75(2).

Jurisdiction
Australia
Judgment Date
28 May 2008
Procedural Posture
Application for Suppression Order / Preliminary Matter
Outcome
The application for a suppression order is refused.
Legal Topics
['suppression Order' 'open Justice' 'anonymisation of Party Name' 'sexual Harassment Complaint']
['administrative Law' 'equal Opportunity' 'anti Discrimination Law'] ['suppression Order' 'open Justice' 'anonymisation of Party Name' 'sexual Harassment Complaint']

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Procedural Posture

Application for Suppression Order / Preliminary Matter

Legal Issues

  1. 1 ["Whether the Tribunal should prohibit disclosure of the second respondent employee's name and identifying details in the reasons for decision." 'Whether anonymisation was desirable because of the confidential nature of the evidence or any other reason under section 75(2) of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

Although the employee's sexual preference was confidential and he did not wish opinions or assertions about his sexuality to be publicly recorded, the decision merely recorded Mr Dezfouli's opinions and allegations, the employee had denied them, the Tribunal made no findings supporting them and refused leave for the complaint to proceed. The employee did not show practical disadvantage or reputational effect sufficient to displace the interests of open justice, so anonymisation was not desirable under section 75(2).

Court Disposition

The application for a suppression order is refused.

Orders

  • ['The application for a suppression order is refused.']