Complainant 201908 v Commissioner for Fair Trading (Discrimination)

The case before the Administrative Appeals Tribunal (AAT) involves a complaint by an applicant, referred to as Complainant 201908, against the Commissioner for Fair Trading. The applicant alleges that the Commissioner discriminated against him on the basis of his criminal history when deciding not to issue him a licence. The AAT is tasked with reviewing the decision of the Commissioner, as well as determining whether the decision constituted discrimination under the Discrimination Act 1991. The central legal issue before the AAT is whether the Commissioner's decision to deny the applicant a licence constituted discrimination against the applicant based on his criminal history, in violation of the Discrimination Act. The applicant argues that the decision was directly discriminatory because it was influenced by his criminal record and the fact that he was subject to a good behaviour bond as a consequence of those convictions.

The AAT found that the Commissioner's decision was not based on discrimination, but rather on the applicant's criminal history and the public interest considerations outlined in the Trader Licensing Act. The Tribunal noted that the Commissioner had considered the relevant factors, including the seriousness of the applicant's convictions and the fact that he was still subject to a good behaviour bond. The Tribunal concluded that the decision was not influenced by the applicant's criminal history in an impermissible manner, but rather was based on the legitimate grounds provided for in the Act. Therefore, the Tribunal found that the Commissioner's decision did not constitute discrimination under the Discrimination Act.

As a result of its findings, the AAT dismissed the applicant's complaint. The Tribunal ordered that the matter be listed for a directions hearing and the hearing of the applicant’s application for interim or other orders on 22 April 2020, to be conducted by telephone. This outcome underscores the importance of ensuring that decisions are made on legitimate grounds and in accordance with the relevant legislation, while also highlighting the need to protect individuals from discrimination based on protected attributes.