Ferguson v Shoalhaven City Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Ferguson v Shoalhaven City Council [2023] NSWCATAD 276

Hearing dates:

8 February 2023, 30 March 2023, 1 June 2023

Date of orders:

2 October 2023

Decision date:

24 October 2023

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

M Tibbey Senior Member
J Herberte, General Member

Decision:

1.   The applicant’s claim of racial discrimination is substantiated in part.

2.   The remainder of the applicant’s complaint of racial discrimination is dismissed.

3.   The applicant’s complaint of victimisation is substantiated.

4.   An apology be furnished to the applicant, in such terms as the respondent sees fit, within 28 days of the date of publication of these reasons for decision.

5.   Damages by way of compensation in the sum of $10,000 is to be paid to the applicant within 28 days of the date of publication of this decision.

6.   The respondent shall take all necessary steps to review the bar on the applicant attending at and/or staying at any of the parks under the control of the respondent, including Lake Tabourie. This review shall be conducted pursuant to the rules and procedures now put    in place by the respondent.

7.   Within 12 months of the date of publication of  this decision, the respondent shall undertake anti-discrimination training for all personnel working in holiday parks operating on land owned by the respondent.

Catchwords:

HUMAN RIGHTS – Racial Discrimination - Victimisation

Legislation Cited:

Anti-Discrimination Act, 1977 (NSW)

Cases Cited:

Asnicar v Mondo Consulting Pty Ltd [2004] NSWADT 143

Bassili v The Star Pty Ltd [2016] NSWCATAD 167 Commission of Corrective Services v Aldridge [2000] NSWADTAP5;

Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24;

Caton v Richmond Club Ltd [2003] NSWADT 202;

Commission of Corrective Services v Aldridge [2000] NSWADTAP5;

Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232

Cook v Scruffy Murphy’s Pty Ltd [2007] NSWADT 129

D v Berkeley Challenge Pty Ltd [2001] NSWADT 92

Dutt v Central Coast Area Health Service [2002] NSWADT 133

Grass v Voyager Tennis Pty Ltd [2023] NSWCATAP 168

Grogan and Ors v First Rate Leisure Pty Limited and Ors [2007] NSWADT 294;

Hall v A&A Sheiban Pty Ltd [1989] FCA 72; 20 FCR 217

Hubbard v Roads and Traffic Authority of NSW [2010] NSW ADT 99

Jones v Dunkel [1959] HCA 8; 101 CLR 298

Texts Cited:

Rees, Rice and Allen, Australian Anti-Discrimination Law, Federation Press, Third Edition 2018

Principal judgment

Category:

Principal judgment

Parties:

Geoffrey Ferguson (Applicant)
Shoalhaven City Council (Respondent)

Representation:

Counsel:
S McIntosh (Respondent)

Solicitors:
Applicant (Self-represented)
Marsdens Law Group (Respondent)

File Number(s):

2022/00167304

Publication restriction:

Nil

REASONS FOR DECISION

The parties

1. This was a complaint of racial discrimination and victimisation made by the applicant, Mr Geoffrey Ferguson (who will be referred to as ‘the applicant’) against the Shoalhaven City Council (‘the Council’ or ‘the respondent’). It was accepted between the parties that the applicant is a First Nations Aboriginal man.

2. Holiday…