Complainant DT232023 v The Australian Capital Territory represented by the Community Services Directorate (Discrimination)

In the case of Complainant DT232023 v The Australian Capital Territory represented by the Community Services Directorate, the Australian Capital Territory Administrative Tribunal heard a matter concerning allegations of discrimination by the respondent against the complainant. The complainant, who had been employed by the respondent, alleged that she was discriminated against based on her criminal record. The dispute involved the respondent's decision to deny the complainant access to its systems, terminate her duties, and refuse to extend her fixed-term contract, actions which the complainant claimed were discriminatory and in violation of the Discrimination Act 1991.

The central legal issues before the Tribunal were whether the respondent's actions constituted discrimination against the complainant on the basis of an irrelevant criminal record and whether these actions contravened Part 3 of the Discrimination Act 1991. The Tribunal had to determine whether the respondent's reliance on the complainant's criminal record was a relevant consideration in making the decisions that adversely affected her employment status.

The Tribunal found that the respondent's actions did indeed amount to discrimination against the complainant. The Tribunal held that the respondent's decision to act to the detriment of the complainant on the basis of her criminal record was discriminatory and contravened the Act. The Tribunal concluded that the criminal record was irrelevant to the complainant's ability to perform her duties and that the respondent's actions were therefore discriminatory. As a result, the Tribunal made an order to protect the complainant's identity and scheduled further directions to determine the next steps in the proceedings, including potential orders under the Human Rights Commission Act 2005.