Baptist v State of Queensland

[2010] QCAT 65

CITATION: Baptist v State of Queensland [2010] QCAT 65

PARTIES:   Maria Baptist

V

State of Queensland

APPLICATION NUMBER:            ADC036-09

MATTER TYPE:   Anti-discrimination matters

HEARING DATE:   2 February 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   2 February 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Complaint dismissed

CATCHWORDS: Early end to proceedings – section 48 Queensland Civil and Administrative Tribunal Act 2009 –non-compliance with orders

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of parties.

REASONS FOR DECISION

HISTORY OF THE APPLICATION

1. A complaint by Maria Baptist (the complainant) was referred to the Anti-Discrimination Tribunal on 24 September 2009 under the Anti-Discrimination Act 1993 against the State of Queensland (the respondent). 

1. The complainant and respondent were directed to attend a direction hearing on 23 October 2009.  The complainant did not attend the directions hearing.

2. Orders were made at the directions hearing on 23 October 2009 that the complainant was required to file and serve her contentions about the complaint by 20 November 2009.  The complainant did not file her contentions by that date.

3. Further directions were made on 24 November 2009 requiring the complainant to file and serve her contentions by 15 December 2009.  The complainant did not file her contentions by that date.

4. Further directions were made on 15 January 2010 requiring the complainant to file and serve her contentions by 29 January 2010.  The complainant did not file her contentions by that date.    

ISSUES AND THE LEGISLATION

1. From 1 December 2009 the Queensland Civil and Administrative Tribunal (the Tribunal) has replaced the Anti-Discrimination Tribunal on the commencement of the Queensland Civil and Administrative Tribunal Act 2009.  

2. Section 48 of the Queensland Civil and Administrative Tribunal Act 2009 gives the Tribunal power to dismiss a proceeding if the Tribunal considers that a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceedings by not complying with a Tribunal order or directions without reasonable excuse.

EVIDENCE

8. The complainant was informed by the registry of the former Anti-Discrimination Tribunal in a letter dated 7 October 2009 that her complaint to the Anti-Discrimination Commission had been referred to that Tribunal.  The complainant was requested to provide her contact telephone number to the former Tribunal in order to link her into a telephone directions hearing scheduled for 23 October 2009.   
9. The complainant did not respond to that letter and did not provide details of her contact telephone number.   The letter dated 7 October 2009 was not returned to the former Tribunal. 
10. The complainant did not attend the directions hearing on 23 October 2009 and did not provide any explanation for her failure to do so.    
11. The complainant was directed by an order of the former Tribunal made on 23 October 2009 to file her contentions in her complaint by 20 November 2009.  The complainant was provided with notification of this direction in a letter dated 23 October 2009.  The letter was not returned to the former Tribunal. 
12. The complainant did not file her contentions in accordance with the direction of the former Tribunal made on 23 October 2009 and did not provide any explanation for her failure to do so. 
13. The complainant was directed by an order of the former Tribunal made on 24 November 2009 to file her contentions in her complaint by 15 December 2009.  The complainant was provided with notification of this direction in a letter dated 24 November 2009.  The letter was not returned to the former Tribunal.
14. The complainant did not file her contentions in accordance with the direction of the former Tribunal made on 24 November 2009 and did not provide any explanation for her failure to do so.
15. The complainant was directed by an order of this Tribunal made on 15 January 2010 to file her contentions in her complaint by 29 January 2010.  The complainant was provided with notification of this direction in a letter dated 15 January 2010.  The letter was not returned to the Tribunal.
16. The complainant did not file her contention in accordance with the direction of this Tribunal made on 15 January 2010 and did not provide any explanation for her failure to do so. 
17. The complainant was informed by letter from the Tribunal dated 15 January 2010 that her complaint may be listed for a hearing on the papers to determine a dismissal of her complaint pursuant to section 48 of the Queensland Civil and Administrative Tribunal Act 2009.  
18. No response has been received to that letter from the complainant.    

CONCLUSION

19. The Tribunal is satisfied that the complainant did not attend a directions hearing on 23 October 2009, did not comply with directions made by the former Tribunal on 23 October 2009 and 24 November 2009, and did not comply with directions made by this Tribunal on 15 January 2010.     
20. The complainant has not provided any explanation for her non compliance and has not sought to excuse her failure to comply with the directions of the former Tribunal and of this Tribunal.  In the absence of any explanation, the Tribunal is unable to find that the complainant has a reasonable excuse for failing to comply with the directions of the former Tribunal and of this Tribunal.     
21. The Tribunal finds that the complainant’s failure to file her contentions has prevented the respondent from being in a position to prepare a timely response to the complaint in the Tribunal.   It is unclear what case the respondent is being asked to meet when the complainant has not filed her contentions in accordance with the directions of the Tribunal.   
22. In view of this finding, the Tribunal is satisfied that the complainant’s non compliance with the directions of the Tribunal has unnecessarily disadvantaged the respondent in this proceeding. 
23. The complainant had been provided with written information about preparing contentions in a letter from the registry of this Tribunal dated 15 January 2010 and in a letter from the registry of the former Tribunal dated 24 November 2009.  The complainant had been informed in writing that she had to comply with the directions of this Tribunal and she was informed that failure to comply with the directions may result in a dismissal of her complaint. 
24. The Tribunal is satisfied that the complainant was alerted to the Tribunal’s practices and procedures about dismissal of proceedings for non compliance with its directions.  There has been no evidence provided to the Tribunal that would give rise to a reasonable inference that the complainant did not understand the directions made by the Tribunal, that she was in any way incapable of acting in accordance with the directions or that her non compliance was either deliberate or inadvertent.     
25. The objects of the Queensland Civil and Administrative Tribunal Act 2009 include the requirement that the Tribunal deals with matters in a way that is accessible, fair, just, economical, informal and quick.   Section 28(3)(e) requires the Tribunal to ensure that all relevant material is disclosed to the Tribunal to enable it to decide the proceeding with all the relevant facts.    
26. The complaint by Ms Baptist was referred to the former Tribunal on 24 September 2009.  Despite directions made by the former Tribunal and this Tribunal, the complainant’s case against the respondent has not been set out in contentions that address both the factual basis and legal basis of her case.  It is uncertain whether the complainant wants to proceed any further with her complaint or if so, what relief she is currently seeking to obtain from the Tribunal.     
27. The Tribunal considers that the non compliance with its directions has not only disadvantaged the respondent but has unnecessarily taken up the time and resources of the Tribunal and has prevented the Tribunal from taking effective steps to provide an expeditious resolution of the complaint. 
28. In the circumstances and given the findings made in paragraph 22, the Tribunal is satisfied that the proceeding should be dismissed in accordance with section 48 of the Queensland Civil and Administrative Tribunal Act 2009.