Gorman v Commissioner for Social Housing (Discrimination)

The applicant, Ms Gorman, brought an application before the ACT Civil and Administrative Tribunal, seeking to enforce a conciliation agreement and compensation for delay in implementation against the respondent, the Commissioner for Social Housing. The dispute centred on whether the tribunal had the authority to grant the applicant compensation for the respondent's delay in executing the terms of the conciliation agreement. This disagreement arose from a previous decision where the tribunal had found that the Commissioner for Social Housing had discriminated against Ms Gorman on the grounds of disability.

The primary legal issue before the tribunal was whether it possessed the requisite power to order compensation for the delay in implementing the terms of the conciliation agreement. The tribunal needed to interpret the relevant statutory provisions, specifically section 55A of the ACT Civil and Administrative Tribunal Act 2008, to determine the scope of its authority in this context. Additionally, the tribunal had to consider whether such an order could be made in a manner that ensured the terms of the conciliation agreement were met, as mandated by the same section.

Presidential Member H Robinson examined the statutory language and concluded that the tribunal's power under section 55A was limited to enforcing the terms of the conciliation agreement and did not extend to granting compensation for delay. The tribunal found that compensation for delay was not a term of the conciliation agreement and that section 55A did not confer the authority to make such an order. Consequently, the tribunal dismissed the application for compensation, ruling that it had no power to grant the relief sought by Ms Gorman. The tribunal did, however, order that it would enforce the terms of the conciliation agreement as previously determined.