Crewdson v President, Anti-Discrimination Board of New South Wales
Case
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[2000] NSWADT 60
•05/16/2000
Details
AGLC
Case
Decision Date
Crewdson v President, Anti-Discrimination Board of New South Wales [2000] NSWADT 60
[2000] NSWADT 60
05/16/2000
CaseChat Overview and Summary
Crewdson sought judicial review of a decision by the President of the Anti-Discrimination Board of New South Wales not to entertain a complaint of victimisation. The Board's decision was based on a finding that the applicant's complaint did not relate to conduct occurring after the termination of her employment. Crewdson contended that the Board failed to have regard to relevant considerations in making its decision, namely, the fact that the complaint related to conduct occurring after the termination of her employment, and the fact that the Board had previously accepted that the complaint related to conduct occurring after the termination of her employment.
The court was required to determine whether the President of the Board was required to have regard to all the relevant considerations in making his decision, and whether the Board had failed to do so. The court considered that the Board was required to have regard to all the relevant considerations in making its decision, and that the Board had failed to do so. The Board had previously accepted that the complaint related to conduct occurring after the termination of Crewdson’s employment, but had failed to have regard to this fact in making its decision. The Board’s decision was therefore flawed and the application for judicial review was allowed.
The decision of the President to decline to entertain the complaint was set aside and the matter was remitted to the Board for reconsideration in accordance with the Tribunal’s reasons for decision. Crewdson was thus granted the relief she sought, and the Board was required to reconsider her complaint of victimisation in light of the Tribunal’s reasons for decision.
The court was required to determine whether the President of the Board was required to have regard to all the relevant considerations in making his decision, and whether the Board had failed to do so. The court considered that the Board was required to have regard to all the relevant considerations in making its decision, and that the Board had failed to do so. The Board had previously accepted that the complaint related to conduct occurring after the termination of Crewdson’s employment, but had failed to have regard to this fact in making its decision. The Board’s decision was therefore flawed and the application for judicial review was allowed.
The decision of the President to decline to entertain the complaint was set aside and the matter was remitted to the Board for reconsideration in accordance with the Tribunal’s reasons for decision. Crewdson was thus granted the relief she sought, and the Board was required to reconsider her complaint of victimisation in light of the Tribunal’s reasons for decision.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Human Rights Law
Legal Concepts
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Judicial Review
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Victimisation
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Reconsideration
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Most Recent Citation
JQ v Double Bay Out of School Hours Inc. (No. 2) [2010] NSWADT 257
Cases Citing This Decision
42
Crewdson v Niland
[2002] NSWADTAP 5
JQ v Double Bay Out of School Hours Inc. (No. 2)
[2010] NSWADT 257
Chi v Technical and Further Education Commission (No 3)
[2009] NSWADT 271
Cases Cited
9
Statutory Material Cited
1
Cody v J H Nelson Pty Ltd
[1947] HCA 17
Cody v J H Nelson Pty Ltd
[1947] HCA 17
Cody v J H Nelson Pty Ltd
[1947] HCA 17