Hurst v Star City Pty Ltd

[2009] NSWADT 65

CITATION:	Hurst v Star City Pty Ltd [2009] NSWADT 65 This decision has been amended. Please see the end of the decision for a list of the amendments.
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Paul Hurst RESPONDENT Star City Pty Ltd
FILE NUMBER:	081040
HEARING DATES:	12 November 2009
SUBMISSIONS CLOSED:	12 November 2008
DATE OF DECISION:	26 March 2009
BEFORE:	Britton A - Deputy President
CATCHWORDS:	Dismissal - amendment of complaint - definition of transgender
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Transgender (Anti-Discrimination and Other Acts Amendment) Act 1996 (NSW)
CASES CITED:	Bassili v Star City Pty Ltd [2008] NSWADT 62 Commissioner of Police, New South Wales Police Service v Orr [2001] NSWADTAP 16 Han v NSW Department of Health [2006] NSWADT 113 Harding v Vice Chancellor, University of NSW [2003] NSWADT 74 Hay v State of New South Wales (New South Wales Police Service) [2006] NSWADT 13 Hillman v Bankstown District Sports Club Ltd (No 2) [2007] NSWADT 179 Karekar v TAFE Commission of New South Wales [2000] NSWADT 187 Lin v American International Assurance Company (Australia) Pty Ltd [2005] NSWADT 59 Mohamed & ors v State of NSW (NSW Police Force) [2009] NSWADT 51 Prakash v Bobb Borg Enterprises Pty Limited [1999] NSWADT 73 Purvis v New South Wales (2003) 217 CLR 92 Razaghi v Director-General, NSW Department of Health & anor [2002] NSWADT 4 Razaghi v Director General, Department of Health & anor [2005] NSWADT 202 Re Alex: Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297 Re Kevin: Validity of Marriage of Transsexual (2001) 28 Fam LR 158 Salama v Qantas Airways Ltd [2002] NSWADT 119 Secretary, Department of Social Security v SRAShaikh v Police and Community Youth Clubs NSW Ltd & ors [2001] NSWADT 221 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT Tannock v State of New South Wales [1999] NSWADT 73
REPRESENTATION:	APPLICANT M Tibby, barrister RESPONDENT K Eastman, barrister
ORDERS:	1.The application to dismiss the Complaint is refused 2.Leave to amend the Complaint to include an allegation of sex discrimination is refused 3.Matter listed for Case Conference on 13 May 2009 at noon.

1 Mr Paul Hurst claims that in October 2006, while dressed as a woman, he was refused entry to the Priscilla [Queen of the Desert] Bar located in Star City Casino. He claims that this refusal constitutes unlawful transgender discrimination in the area of services. The respondent Casino applies for Mr Hurst’s complaint to be dismissed. Among other things, it contends that Mr Hurst is not a transgender person as that term is defined by the Anti-Discrimination Act 1977 and, accordingly, the alleged refusal of admission (which is denied) could not constitute unlawful transgender discrimination.

2 These reasons address the dismissal application. If it is refused, I will proceed to consider a separate application made by Mr Hurst to amend his complaint to include an allegation of discrimination on the ground of sex.

A. Dismissal application

3 The Casino applies…