Glattback v State of Queensland

CITATION: Glattback v State of Queensland [2016] QCAT 159 

PARTIES:	Phillip Glattback (Applicant)
v
State of Queensland (Respondent)

APPLICATION NUMBER: ADL007-14

MATTER TYPE: Anti-discrimination matters

HEARING DATE: 13 14, 15, 16 July 2015; 7, 8 September 2015; 22,23,26 October 2015

HEARD AT: Brisbane

DECISION OF: Member Ann Fitzpatrick

DELIVERED ON: 26 February 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.  The application is dismissed.

CATCHWORDS:

Prisoner – impairment – direct and indirect discrimination

Anti-Discrimination Act 1991 (Qld) ss 10,11,101 and 108
Corrective Services Act 2006 (Qld) , ss41,43,319G and s12
Corrective Services Regulation 2006 (Qld)

Edoo v Minister for Health [2010] WASAT 74
Prezzi v Discrimination Commissioner [1996] ACTAAT 32
Rainsford v Victoria [2007] FCA 1059;
Rana v Flinders Univesity of SA [2005] FMCA 1473

APPEARANCES:

APPLICANT: Phillip Glattback

RESPONDENT: State of Queensland

REPRESENTATIVES:

APPLICANT: Self-represented

RESPONDENT: Represented by Mr C Murdoch of Counsel, instructed by Ms N Smith of Crown Law.

REASONS FOR DECISION

1. Mr Glattback is a prisoner incarcerated at the Wolston Correctional Centre. He complains of direct and/or indirect discrimination on the basis of impairment in the area of the administration of State laws and programs, in breach of section 101 of the Anti-Discrimination Act 1991 (Qld) (the Act).

2. Mr Glattback’s complaint relates to the conduct of a urine test on 26 October, 2012 as a result of an alleged failure by corrective services officers, to take into account his medical condition and to follow a prescribed process when he was subjected to the urine test and subsequent breach hearing and appeal. He complains about the consequences of that treatment being the finding of a breach of discipline made against him and the punishment imposed.  He seeks an award of monetary compensation in the sum of $70,000.00 together with an apology.

Background

1. On 22 November, 2010, Mr Glattback raised with a Wolston Correctional Centre Psychologist a belief that he suffers from a psychological condition affecting his ability to provide a urine sample when under scrutiny.  That condition is known as paruresis and is sometimes called shy bladder syndrome.

2. Dr Khann, a Visiting Medical Officer at the Correctional Centre medical centre saw Mr Glattback on 6 December, 2010, in relation to the issue.  He was referred to see a specialist at the Princess Alexandra Hospital for “advice (on Paruresis)”.  

3. On 7 December, 2011 Mr Glattback was seen by a Urologist.  The Clinical Notes of the examination were provided to the medical centre and placed on Mr Glattback’s medical file in December, 2011.  The notes record: “ Imp – psychological issue with urinating in front of people…recommend if urine test is required, assist with appropriate environment to facilitate test.”

4. On his return to the correctional centre a Clinical Nurse, Ms Davies, saw Mr Glattback and recorded on his medical file that he understood the process he needs to follow. On 19 December, 2011, Mr Glattback met with Ms Tanja Shaw, then Clinical Nurse, and discussed the results of the examination by the Urologist.

5. On 26 October, 2012,…