Complainant 201908 v Commissioner for Fair Trading (Discrimination)

In the matter of Complainant 201908 v Commissioner for Fair Trading (Discrimination), the applicant sought damages for discrimination based on their irrelevant criminal record in the assessment of their application for a motor vehicle traders licence. The application was heard by the Civil and Administrative Tribunal of New South Wales. The primary legal issue before the Tribunal was whether the Commissioner for Fair Trading's consideration of the applicant's criminal record, which was irrelevant to the applicant's fitness to hold a licence, constituted discrimination under the Anti-Discrimination Act 1977. Additionally, the Tribunal had to determine the appropriate compensation to be awarded to the applicant for the discrimination suffered.

The Tribunal found that the Commissioner's consideration of the applicant's irrelevant criminal record constituted discrimination. The Tribunal emphasised the importance of ensuring that licensing decisions are based on relevant criteria and do not unfairly disadvantage applicants based on irrelevant factors. In terms of compensation, the Tribunal awarded general damages of $15,000 to the applicant for the distress and humiliation caused by the discrimination. Furthermore, the Tribunal awarded $29,600 for the loss of opportunity resulting from the discrimination, as the applicant was unable to obtain the licence due to the unfair consideration of their criminal record. The Tribunal also ordered interest on the awarded compensation in the amount of $2166.31.

The Tribunal made an order that the Commissioner must not repeat the unlawful act of taking into account the applicant’s irrelevant criminal record in any future licence application made by the applicant. The Commissioner was also ordered to pay the applicant general damages, compensation for loss of opportunity, and interest. This decision underscores the importance of fair and unbiased decision-making in the licensing process and the need to compensate victims of discrimination appropriately.