Dezfouli v Justice Health and Forensic Mental Health Network (No 9)

The applicant, Mr Dezfouli, sought to appeal against the President of the Anti-Discrimination Board's decision to decline his complaint of sexual harassment as lacking in substance. The respondents included the President of the Anti-Discrimination Board and the Justice Health and Forensic Mental Health Network. The dispute centred around the applicant's claim of sexual harassment by an individual employed by the Network. The matter was heard in the Supreme Court of New South Wales.

The court had to determine whether it was just and fair to grant the applicant leave to proceed with his complaint, given that the President had declined it. Additionally, the court considered whether a non-publication order should be made under section 114 of the Anti-Discrimination Act 1977, which would prohibit the publication of the name of the individual against whom the applicant's complaints were made. The court examined the principle of open justice and whether it was desirable to make such an order in this instance.

The court found that the President's decision to decline the complaint was not an unreasonable exercise of discretion. The court noted that the President had considered all relevant matters and had provided reasons for the decision. The court also held that the applicant had not demonstrated that it was just and fair to grant leave to proceed with the complaint. Regarding the non-publication order, the court found that it was desirable to make such an order to protect the privacy and reputation of the individual against whom the complaints were made.

The court made two orders. First, it prohibited the disclosure of the second respondent's name. Second, it refused the applicant leave to proceed with his complaints of sexual harassment.