LENNON and STATE HOUSING COMMISSION [2006] WASAT 344

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2006] WASAT 344
Act:	EQUAL OPPORTUNITY ACT 1984 (WA)
Case No:	EOA:23/2006	Heard:	18 & 19 OCTOBER 2006
Coram:	JUSTICE M L BARKER (PRESIDENT)	Delivered:	24/11/06
No of pages:	20	Judgment Part:	1 of 1
Result:	Application dismissed
Category:	B
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Parties:	BRUCE LENNON STATE HOUSING COMMISSION
Catchwords:	Equal opportunity Accommodation Whether discrimination of grounds of race
Legislation:	Anti-Discrimination Act 1977 (NSW) Equal Opportunity Act 1984 (WA), s 4(1), s 5, s 36, s 36(1), s 36(1a), s 36(2), s 47(1), s 47(2), s 161 Residential Tenancies Act 1987 (WA), Form 1A, Form 12
Case References:	Collard v Department of Housing and Works [2004] WAEOT 13 Frost and Western Australian Police Service [2005] WASAT 150 Oyekanmi v National Forge Operations Pty Ltd [1995] VADT 3 (19 April 1995) State Housing Commission v Martin (Unreported, Full Court Supreme Court of Western Australia, 19 October 1988, Lib No 980699) State of New South Wales v Amery [2006] HCA 14 Summerville and Department of Education & Ors [2006] WASAT 174 Waters & Ors v Public Transport Corporation (1991) 173 CLR 349 Winter and Commissioner of Western Australian Police Service [2006] WASAT 87 Nil
Orders	The complaint of Bruce Lennon against the State Housing Commission, initially made to the Commissioner for Equal Opportunity under the Equal Opportunity Act 1984 (WA) on 6 August 2004 and referred to the State Administrative Tribunal by the Commissioner for Equal Opportunity under cover of letter dated 7 March 2006, and the proceedings in the State Administrative Tribunal, are dismissed.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : EQUAL OPPORTUNITY ACT 1984 (WA) CITATION : LENNON and STATE HOUSING COMMISSION [2006] WASAT 344 MEMBER : JUSTICE M L BARKER (PRESIDENT) HEARD : 18 & 19 OCTOBER 2006 DELIVERED : 24 NOVEMBER 2006 FILE NO/S : EOA 23 of 2006 BETWEEN : BRUCE LENNON

Applicant

AND

STATE HOUSING COMMISSION

Respondent

Catchwords:

Equal opportunity - Accommodation - Whether discrimination of grounds of race

Legislation:

Anti-Discrimination Act 1977 (NSW)

Equal Opportunity Act 1984 (WA), s 4(1), s 5, s 36, s 36(1), s 36(1a), s 36(2), s 47(1), s 47(2), s 161
Residential Tenancies Act 1987 (WA), Form 1A, Form 12

(Page 2)

Result:

Application dismissed

Category: B

Representation:

Counsel:

Applicant : Self-represented

Respondent : Ms T Cole

Solicitors:

Applicant : Self-represented

Respondent : State Solicitor's Office

Case(s) referred to in decision(s):

Collard v Department of Housing and Works [2004] WAEOT 13
Frost and Western Australian Police Service [2005] WASAT 150
Oyekanmi v National Forge Operations Pty Ltd [1995] VADT 3 (19 April 1995)
State Housing Commission v Martin (Unreported, Full Court Supreme Court of Western Australia, 19 October 1988, Lib No 980699)
State of New South Wales v Amery [2006] HCA 14
Summerville and Department of Education & Ors [2006] WASAT 174
Waters & Ors v Public Transport Corporation (1991) 173 CLR 349
Winter and Commissioner of Western Australian Police Service [2006] WASAT…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading LENNON and STATE HOUSING COMMISSION

Details

AGLC: LENNON and STATE HOUSING COMMISSION [2006] WASAT 344
Case: [2006] WASAT 344
Decision Date: 24 NOVEMBER 2006

CaseChat Overview and Summary

Bruce Lennon brought a complaint against the State Housing Commission, alleging discrimination on the grounds of race. The complaint was initially lodged with the Commissioner for Equal Opportunity under the Equal Opportunity Act 1984 (WA) and subsequently referred to the State Administrative Tribunal. The Tribunal was tasked with determining whether the Commission had engaged in discriminatory conduct against Lennon on the basis of race.

The primary legal issue for the Tribunal was whether the Commission's actions constituted discrimination against Lennon, as alleged. This involved interpreting the provisions of the Equal Opportunity Act and assessing the evidence presented to determine if there was a discriminatory practice that contravened the Act. The Tribunal needed to consider the specific circumstances of the case, including the nature of the Commission's actions and the impact on Lennon, to reach a conclusion.

The Tribunal found that the evidence did not substantiate the claim of racial discrimination. It concluded that the Commission's actions were not discriminatory and did not breach the Equal Opportunity Act. The Tribunal dismissed the complaint, stating that there was no basis to find that the Commission had engaged in discriminatory conduct against Lennon. The proceedings were terminated, and the complaint was dismissed in its entirety.

The final orders of the Tribunal were that the complaint of Bruce Lennon against the State Housing Commission, which had been referred to the Tribunal by the Commissioner for Equal Opportunity, was dismissed. The Tribunal found no merit in the complaint and affirmed that no discriminatory conduct had occurred.

Orders

Orders of the court

The complaint of Bruce Lennon against the State Housing Commission, initially made to the Commissioner for Equal Opportunity under the Equal Opportunity Act 1984 (WA) on 6 August 2004 and referred to the State Administrative Tribunal by the Commissioner for Equal Opportunity under cover of letter dated 7 March 2006, and the proceedings in the State Administrative Tribunal, are dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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