HIJAZEEN v AUSTIN Health

In the Victorian Civil and Administrative Tribunal (VCAT), the applicant, HIJAZEEN, brought proceedings against the respondent, AUSTIN Health, concerning allegations of discrimination. The dispute centred on whether AUSTIN Health had unlawfully discriminated against HIJAZEEN on the ground of disability.

VCAT was required to determine whether AUSTIN Health had subjected HIJAZEEN to discrimination in contravention of the *Equal Opportunity Act 2010* (Vic). Specifically, the Tribunal had to consider whether the actions or omissions of AUSTIN Health constituted unlawful discrimination by reason of HIJAZEEN's disability.

Judge Burchardt found that AUSTIN Health had not unlawfully discriminated against HIJAZEEN. The Tribunal's reasoning focused on the specific circumstances and evidence presented, concluding that the actions taken by AUSTIN Health were not discriminatory on the grounds alleged. The Tribunal applied the relevant provisions of the *Equal Opportunity Act 2010* (Vic) to the facts as established.

The Tribunal dismissed HIJAZEEN's application.