Dezfouli v Justice Health and Forensic Mental Health Network

The case before the court was Dezfouli v Justice Health and Forensic Mental Health Network, where the applicant sought to bring a complaint of discrimination under the Anti-Discrimination Act 1977 (NSW). The applicant alleged that the respondent had imposed restrictions on her access to mental health services and had engaged in unfavourable treatment on the basis of her race. The matter was heard in the Anti-Discrimination Tribunal, which was required to decide whether the applicant's complaint was within the scope of the Act and whether leave should be granted for the complaint to proceed.

The primary legal issue before the court was whether the applicant's complaint fell within the definition of "services" under the Act, and whether the imposition of restrictions on her access to mental health services constituted discrimination. The court also had to consider whether the restrictions were imposed under statutory authority, which would exempt them from the Act. The applicant argued that the restrictions amounted to unfavourable treatment and that they were not justified under any exception in the Act. The respondent argued that the restrictions were necessary for the safety and security of the facility and that they were not based on the applicant's race.

The court found that the applicant's complaint did not fall within the definition of "services" under the Act, as the restrictions imposed on her access to mental health services were not services provided to the public. The court also found that the restrictions were imposed under statutory authority and were therefore exempt from the Act. The court held that the applicant had not established a prima facie case of discrimination, and that the restrictions were necessary for the safety and security of the facility. As a result, the court refused leave for the applicant's complaint to proceed under section 96(1) of the Anti-Discrimination Act 1977 (NSW).