Albert v Global Healthcare Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Albert v Global Healthcare Pty Ltd & Ors [2023] QCAT 428

PARTIES:

ALBERT

(applicant)

v

GLOBAL HEALTHCARE PTY LTD

(first respondent)

SHELLEY LINDSAY

(second respondent)

ABDUR ALAMGIR

(third respondent)

APPLICATION NO/S:

ADL010-21

MATTER TYPE:

Anti-discrimination matters

DELIVERED ON:

9 November 2023

HEARING DATES:

25 and 26 October 2023, and later written material

HEARD AT:

Brisbane

DECISION OF:

Member P Roney KC

ORDERS:

1.     The application is dismissed.

2. I order that pursuant to s. 191 of the Anti-Discrimination Act 1991 (Qld) that the identity of the Applicant is not to be disclosed.

3.     I make a direction requiring an amendment to the title of the proceeding to substitute for the Applicant’s name, the pseudonym Albert, and direct that on future tribunal documents the Applicant’s name not appear, and for the word Albert to appear as his name.

4.     The application for a non­publication order, and a closed hearing order are dismissed.

5.     The parties shall  have liberty to apply in respect of any other consequential or other orders which might be required to be made.

CATCHWORDS:

ANTI-DISCRIMINATION – where first respondent Medical practice Initial patient information form required date of birth, age and gender, and marital status, Ethnicity and Country of birth – where applicant existing patient of the medical Practice felt he was required to provide personal information relating to his date of birth, age and gender, and marital status, Ethnicity and Country of birth and was subjected to oral requirements that he provide his religion in order to obtain access to medical records in order to have them sent to another medical practitioner – whether a requirement to provide personal information amounts to contravention of s 124 – whether information reasonably require for a purpose not involving discrimination – whether statutory defence to the respondent’s conduct

Anti-Discrimination Act 1991 (Qld), s 7, s 8, s 124
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66, s 191 s 229, s 230,
Age Discrimination Act 2004 (Cth),
Disability Discrimination Act 1992 (Cth),
Sex Discrimination Act 1984 (Cth)

K v S & N Company [2006] QADT 11

Willmott v Woolworths Ltd [2014] QCAT 601

APPEARANCES & REPRESENTATION:
Applicant:	Self-Represented
Respondents:	Ms Brooks, Counsel instructed by Cooper Grace Ward Law

REASONS FOR DECISION

1. The Applicant, who is what he self describes as an international student from Canada, of immigrant background, was an existing or former patient of a medical practice operated by the First Respondent. He has filed an application for compensation and other orders because he contends that, in contravention of section 124 of the

   
   Anti-Discrimination Act 1991

   (Qld) (‘the AD Act’) he was required to provide personal information namely his date of birth, age and gender, and marital status, ethnicity and country of birth and was subjected to oral requirements that he state his religion in order to obtain access to medical records to enable them to be sent to another medical practitioner.

2. I should mention before turning to deal…