Complainant 182023 v Director-General, Community Services Directorate (Discrimination)

In the case of Complainant 182023 v Director-General, Community Services Directorate, the applicant alleged that the respondent unlawfully discriminated against them in the administration of a territory law. The matter was heard by a tribunal under the Discrimination Act. The applicant's complaint centred on the respondent's actions, which the applicant claimed constituted unlawful discrimination, particularly in the context of government decision-making that did not directly involve the provision of a service to the individual.

The central legal issue before the tribunal was whether the respondent's actions constituted a breach of the discrimination provisions as they applied prior to the introduction of section 23C of the Discrimination Act. This new provision, which commenced on 11 April 2024, broadened the scope of discrimination protections to include the administration of territory laws and ACT government programs or policies. The tribunal had to determine if the respondent's actions, occurring before the commencement of section 23C, fell within the existing scope of the discrimination provisions. The Explanatory Statement to the Discrimination Amendment Bill 2022 provided context, indicating that the amendment aimed to address gaps in the coverage of government activities under discrimination law.

The tribunal found that the respondent's actions did not constitute a breach of the discrimination provisions as they stood prior to the introduction of section 23C. The respondent's conduct was not within the existing scope of the discrimination provisions, which were limited to specific areas such as employment, education, and the provision of goods, services, and facilities. Consequently, the tribunal dismissed the applicant's complaint regarding unlawful discrimination. The tribunal also ordered that the parties lodge any objections to the publication of the decision within seven days, and set a date for further directions regarding the applicant's claim of victimisation.