JJ and DIRECTOR GENERAL, DEPARTMENT OF COMMUNITIES

The case involves a complaint by JJ, a father, against the Department of Communities, alleging unlawful discrimination on the basis of gender. JJ claims that he and his children were not provided with certain services and faced discriminatory treatment in various interactions with the Department, including child safety investigations, drug testing, and the provision of emergency accommodation and priority housing. The State Administrative Tribunal had to determine whether the Department discriminated against JJ in the provision of goods and services on the basis of his sex in contravention of section 8 of the Equal Opportunity Act 1984 (WA). The Tribunal concluded that JJ had not proved his allegations of discrimination on the balance of probabilities. The Tribunal found that the provision of emergency accommodation and priority housing, as well as the provision of advice to fathers and children, constituted services. However, the Tribunal determined that child safety investigations and drug testing did not constitute services for the purposes of the Act. The Tribunal also found that JJ had not established that he was treated less favourably than a woman in the same or not materially different circumstances. The Tribunal dismissed the complaint and ordered that the application be dismissed.