Kelly and Ors v Tamworth Regional Council [2013] NSWADT 107

Kelly and Ors v Tamworth Regional Council [2013] NSWADT 107

The Council, in regulating buskers at the festival, was providing services to the applicants by seeking to ensure a fair opportunity for buskers to perform. However, the applicants failed to prove race discrimination. The evidence showed that the applicants' band exceeded the 80 decibel condition when first approached, that the officer was performing her duty and happened to encounter their band first, and that any difference in treatment of other performers was explained by discretionary sound management and the presence of a sponsored event rather than race. The alleged events on 21 January did not establish any arguable discrimination. Accordingly no breach of s 19 of the...

Jurisdiction
Australia
Judgment Date
16 May 2013
Procedural Posture
Race Discrimination Complaint Under the Anti Discrimination Act 1977 Concerning Provision of Goods and Services / Application Heard by the Administrative Decisions Tribunal After Referral by the President of the Anti Discrimination Board
Outcome
Application dismissed.
Legal Topics
['race Discrimination' 'provision of Goods and Services' 'council Services' 'busking Regulation' 'tamworth Country Music Festival']
['anti Discrimination Law' 'administrative Law'] ['race Discrimination' 'provision of Goods and Services' 'council Services' 'busking Regulation' 'tamworth Country Music Festival']

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Procedural Posture

Race Discrimination Complaint Under the Anti Discrimination Act 1977 Concerning Provision of Goods and Services / Application Heard by the Administrative Decisions Tribunal After Referral by the President of the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether Tamworth Regional Council was providing services to the applicants within s 19 of the Anti-Discrimination Act 1977 when regulating buskers at the Tamworth Country Music Festival.' 'Whether the Council discriminated against the applicants on the ground of race in the terms on which it provided those services.' 'Whether requests that the Gumbangerri Sunrise Band reduce its sound level, and related interactions with Council officers, amounted to race discrimination.']

Ratio Decidendi

The Council, in regulating buskers at the festival, was providing services to the applicants by seeking to ensure a fair opportunity for buskers to perform. However, the applicants failed to prove race discrimination. The evidence showed that the applicants' band exceeded the 80 decibel condition when first approached, that the officer was performing her duty and happened to encounter their band first, and that any difference in treatment of other performers was explained by discretionary sound management and the presence of a sponsored event rather than race. The alleged events on 21 January did not establish any arguable discrimination. Accordingly no breach of s 19 of the...

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' 'No order as to costs.']