Chester v State of Queensland

[2013] QCAT 208

CITATION: Chester v State of Queensland and Ors [2013] QCAT 208

PARTIES:	Georgia Chester (Applicant)
v
State of Queensland (First Respondent) Detective Jane Barnaby (Second Respondent) Detective John Quirk (Third Respondent) Constable Bill Jones (Fourth Respondent) Senior Constable Harry Smith (Fifth Respondent)

APPLICATION NUMBER:   ADL101-11

MATTER TYPE: Anti-Discrimination Matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane 

DECISION OF: Susan Gardiner, Member

DELIVERED ON: 13 May 2013

DELIVERED AT:      Brisbane

ORDERS MADE: 1.    The application to change the venue of the hearing of this matter is dismissed.

CATCHWORDS : 

ANTI-DISCRIMINATION – application to change the view of a hearing – where matters had failed threshold test and found not to be within jurisdiction of Commission – where matters not accepted by Anti-Discrimination Commission and not referred to tribunal

Anti-Discrimination Act 1991 s 78

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. Ms Chester (names of the parties have been anonymised)[1] has a complaint under the Anti-Discrimination Act 1991 set for a hearing over three days in Cairns beginning 23 October 2013. The complaint is against the State of Queensland and various members of the Queensland Police Service.

   [1]        See Chester v Detective Senior Constable Jane Barnaby & Ors (No 2) [2014] QCAT 695

2. Ms Chester now lives in New South Wales. She applies to have the hearing venue of this matter changed to Brisbane not Cairns.

1. Ms Chester submits this is necessary because she has serious concerns about her safety and well being if she is forced to return to Cairns.  Ms Chester also alleges that sections of the Cairns community are biased against her and there have been threats made towards Ms Chester and her partner in the past.

1. Ms Chester says she has no support base in Cairns to assist her during the hearing and she cannot afford to bring her witnesses to Cairns.   

1. The Police Service, through its lawyer, says that it has advised the Tribunal at a directions hearing on 15 April 2013 that it wished to call 9 witnesses, three of which are the other respondents in the matter.  Seven of the 9 witnesses reside in Far North Queensland.  The Service says Ms Chester advised the Tribunal that she had 2 witnesses. 

2. The Police Service submits, on the balance of convenience, the hearing should remain in Cairns. 

3. Wherever this hearing is held, Ms Chester must face the respondents in person at the hearing.  She will be cross-examined.  The Tribunal will want to see her in person under cross examination, as the issues between herself and the respondents go to matters of credit as to which version of the events is to be believed.  Ms Chester will likely also want to cross-examine the witness for the police on the same basis.     

4. This is not necessarily the case for Ms Chester’s witnesses and it is quite possible that these witnesses could give their evidence by telephone if necessary.  Ms Chester would need to make a formal application to QCAT for telephone evidence to be allowed between now and the hearing. 

5. I accept that Ms Chester feels some apprehension in facing the respondents.  This is entirely usual in most matters before QCAT but she is to assured that the environs of a hearing room and building provide a safe environment for a fair hearing of her application.  Ms Chester should also be assured that in the conduct of the hearing, the learned member will provide her with any procedural assistance necessary to allow her to present her case.[2]  

   [2]        Queensland Civil and Administrative Tribunal Act 2009: s28.

6. On the balance of convenience, the proper venue for this hearing remains Cairns. Ms Chester’s application will be dismissed.