Gindy & Chief Minister & ACT Government and Ors

This matter concerned three complaints brought by Ms Laila Gindy (the applicant) to the ACT Civil and Administrative Tribunal (the Tribunal) under section 53A of the Human Rights Commission Act 2005. The complaints were that she was treated unfavourably by various respondents because of her race, and because of her association with another person on the basis of their race. The complaints were closed by the ACT Human Rights Commission on the basis that they did not raise any issues under the Discrimination Act 1991. The applicant asked the Commission to refer the complaints to the Tribunal. The respondents applied under section 32 of the ACT Civil and Administrative Tribunal Act 2008 to have the complaints dismissed as frivolous and vexatious. The Tribunal dismissed each of the complaints as frivolous and vexatious. The Tribunal considered the complaints at an interlocutory stage on the basis of "pleadings" and submissions alone. The Tribunal considered the relevant principles and authorities on the power to dismiss proceedings as frivolous and vexatious. The Tribunal considered the elements of a complaint of discrimination under the Discrimination Act 1991 and whether the applicant could establish that she was treated unfavourably by the respondents in relation to the provision of services. The Tribunal found that the applicant would be unable to establish that she was treated unfavourably by the respondents in relation to the provision of services. The Tribunal also considered whether the respondents had relied on an exemption provided by section 30 of the Discrimination Act 1991, and whether the tribunal had power to provide declaratory relief, or to award punitive damages. The Tribunal declined to make a costs order against the applicant or the respondents.