Applicant DT 30 of 2021 v Respondent DT 30 of 2021 (Discrimination)

The applicant, DT 30 of 2021, brought an application against the respondent, DT 30 of 2021, before the ACT Civil and Administrative Tribunal, alleging that the respondent had engaged in conduct that contravened section 13 of the Discrimination Act 1991. The respondent was accused of making discriminatory comments towards the applicant based on their disability. The Tribunal was tasked with determining whether the respondent had indeed breached the Act and, if so, what orders should be made to address the breach.

The central legal issue before the Tribunal was whether the respondent's comments towards the applicant constituted discrimination under section 13 of the Discrimination Act 1991. This section prohibits discrimination on the grounds of disability, among other attributes. The Tribunal needed to assess the evidence and decide if the comments made by the respondent were discriminatory in nature. Additionally, the Tribunal had to consider what orders, if any, should be made to remedy the breach.

In reaching its decision, the Tribunal considered the evidence presented by both parties, including witness statements and any relevant communications between the parties. The Tribunal found that the respondent's comments did indeed constitute discrimination against the applicant based on their disability. The Tribunal held that the respondent had breached section 13 of the Discrimination Act 1991. As a result, the Tribunal ordered the respondent to pay compensation to the applicant, with the quantum of compensation to be determined at a subsequent hearing. The Tribunal also set out a schedule for the filing of submissions and evidence on the amount of compensation, with a hearing set for 19 April 2022 to determine the quantum of compensation. The respondent's name was not to be published, in accordance with section 39 of the ACT Civil and Administrative Tribunal Act 2008.

The final orders of the Tribunal were that the respondent was in breach of section 13 of the Discrimination Act 1991, and that the respondent must pay the applicant compensation, the amount of which would be determined at a hearing on 19 April 2022. The applicant was required to file and serve submissions and evidence on the quantum of compensation by 18 March 2022, with the respondent to file and serve submissions and evidence in response by 8 April 2022. The respondent's name was not to be published, and the reasons for the decision could be published without restriction.