Kentish Council v Wood

The Supreme Court of Tasmania, Court of Appeal, heard an appeal concerning a decision made by the Anti-Discrimination Tribunal. The appellant, Kentish Council, sought judicial review of the Tribunal's determination, which had found the Council liable for discrimination and ordered it to pay compensation to the respondent, Ms. Wood.

The central legal issue before the Court of Appeal was whether the decision of the Anti-Discrimination Tribunal, specifically its finding of discrimination and the subsequent order for compensation, constituted a "decision of an administrative character" for the purposes of judicial review under the relevant administrative law legislation.

The Court of Appeal reasoned that the Tribunal's function in hearing and determining a complaint of discrimination, and in making orders for compensation, was administrative in nature. The Court applied the principle that decisions made by tribunals exercising statutory powers to resolve disputes and grant remedies are generally considered administrative. The Court found that the Tribunal's decision was not of a judicial character, as it did not involve the determination of a legal right in the same way a court would, but rather the exercise of a statutory power to address a complaint of discrimination.

The appeal was dismissed, upholding the Tribunal's decision as a reviewable administrative decision.