Bell and Secretary, Department of Health (Freedom of Information)

This matter concerned appeals from decisions of the ACT Civil and Administrative Tribunal (ACAT) concerning a complaint initially made by Mr Bell to the Human Rights Commission. The complaint alleged discrimination by Mr de Castella and SmartStart for Kids Limited based on attributes of race, profession, and political conviction. Mr Bell also raised concerns with the Commonwealth Auditor-General regarding funding received by Mr de Castella for the Indigenous Marathon Project.

The legal issues before the court included whether Senior Member Lennard should have disqualified herself due to an apprehension of bias, whether the hearing should be reopened to allow further evidence, and the appropriate costs order following the tribunal’s proceedings. Further appeals concerned the dismissal of Mr Bell’s application for recovery of monies allegedly owed to him arising from an employment relationship, and whether he could re-litigate an issue previously determined by the tribunal.

The tribunal, constituted by Senior Member Lennard, considered an application for disqualification based on the tribunal member's daughter attending the same school as Mr de Castella's daughters. The tribunal also made a costs order against Mr Bell, requiring him to pay a percentage of the respondents' costs on an indemnity basis for specific parts of the proceedings, including email correspondence and a hearing on 30 August 2012. An appeal concerning an alleged employment relationship was dismissed on the grounds that the central issue had already been determined in earlier proceedings, preventing re-litigation.