Hales v Commissioner for Social Housing in the Act

The applicant, Mr Hales, filed a complaint against the respondent, the Commissioner for Social Housing in the ACT, alleging discrimination in relation to access to premises, provision of goods, services or facilities, and accommodation. The respondent applied for the complaint to be dismissed as frivolous and vexatious under section 32 of the ACT Civil and Administrative Tribunal Act 2008. The tribunal heard the matter on 13 June 2014 and made orders as sought by the respondent. The applicant did not appear at the hearing, nor did anyone represent him. The tribunal considered the application in the absence of the applicant and found that the application lacked substance and was unlikely to succeed.

The tribunal found that the applicant had not provided objective evidence of his contended disability, PTSD, and that his claim of disability was not supported by the evidence. The tribunal also found that the respondent's request for additional information in relation to the applicant's transfer application was a lawful request and that there was no evidence to suggest that the applicant was treated unfavourably by the respondent. The tribunal concluded that the complaint did not have substance, was lacking this essential element and should be dismissed pursuant to section 32(2)(b) of the ACAT Act.