Kilkeary v Anti-Discrimination Board of New South Wales [2018] NSWCATAD 27

Kilkeary v Anti-Discrimination Board of New South Wales [2018] NSWCATAD 27

The application is dismissed because the complaint does not disclose a contravention of the Anti-Discrimination Act 1977 (NSW), as the applicant did not allege a breach of the Act, and neither the Tribunal nor the Board has power to provide a remedy for a breach of the CRPD.

Parties
Applicant: Stephen Kilkeary; Respondent: Anti-Discrimination Board NSW
Jurisdiction
Australia
Judgment Date
29 January 2018
Procedural Posture
Administrative Review / Summary Dismissal
Outcome
Application dismissed
Legal Topics
Reasonable Accommodation, Disability Discrimination, Jurisdiction, Summary Dismissal
Administrative Law Equal Opportunity Law Reasonable Accommodation Disability Discrimination Jurisdiction Summary Dismissal

Case Brief

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Parties

Stephen Kilkeary

Applicant

Anti-Discrimination Board NSW

Respondent

Procedural Posture

Administrative Review / Summary Dismissal

Legal Issues

  1. 1 Whether the Anti-Discrimination Board is required to provide reasonable accommodation for persons with disabilities when investigating complaints
  2. 2 Whether the complaint discloses a contravention of the Anti-Discrimination Act 1977 (NSW)
  3. 3 Whether decisions by the President of the Anti-Discrimination Board constitute the provision of services under the Act

Ratio Decidendi

The application is dismissed because the complaint does not disclose a contravention of the Anti-Discrimination Act 1977 (NSW), as the applicant did not allege a breach of the Act, and neither the Tribunal nor the Board has power to provide a remedy for a breach of the CRPD.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.