Harrison and Commissioner for Social Housing in the Act And Minister for Community Services And Minister for Aboriginal And Torres Strait Islander (Discrimination)

The case involved Harrison, who sought relief from the ACT Civil and Administrative Tribunal against the Commissioner for Social Housing, along with the Minister for Community Services and the Minister for Aboriginal and Torres Strait Islander. Harrison argued that he was discriminated against when he was allocated a housing property that he claimed was unsuitable due to its proximity to a noise source, which he alleged was a discriminatory factor on the basis of his disability and race. The Tribunal was tasked with determining whether Harrison's claims of discrimination were substantiated and whether the allocation of the property constituted unlawful discrimination under the Anti-Discrimination Act 1991 (ACT).

The primary legal issues before the Tribunal were whether Harrison's race and disability were the grounds for discrimination and if the allocation of the housing property was a discriminatory act. The Tribunal needed to examine the evidence presented by Harrison and the defendants regarding the housing allocation process and the reasons behind the selection of the specific property. Additionally, the Tribunal had to determine if the property's location constituted a discriminatory act and if the defendants had acted in a manner that contravened the Anti-Discrimination Act.

In reaching its decision, the Tribunal examined the evidence and found that Harrison's claims of discrimination were not supported by the facts. The Tribunal concluded that the allocation of the property was not discriminatory and that the defendants had acted within the scope of their statutory responsibilities. The Tribunal also found that the noise from the nearby source did not constitute a discriminatory factor based on Harrison's race or disability. The Tribunal dismissed Harrison's application for relief, determining that the evidence did not substantiate the claims of discrimination as alleged.

The Tribunal's decision resulted in the dismissal of Harrison's application for relief, pursuant to section 32 of the ACT Civil and Administrative Tribunal Act 2008. The Tribunal found no merit in the claims of discrimination and upheld the actions of the Commissioner for Social Housing, the Minister for Community Services, and the Minister for Aboriginal and Torres Strait Islander in the allocation of the housing property.