Mahfoud v Engineers Australia

[2008] NSWADT 124

CITATION:	Mahfoud v Engineers Australia [2008] NSWADT 124
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Sharble Mahfoud RESPONDENT Engineers Australia
FILE NUMBER:	071132
HEARING DATES:	27 February 2008
SUBMISSIONS CLOSED:	27 February 2008
DATE OF DECISION:	27 February 2008
BEFORE:	Hennessy N - Magistrate (Deputy President)
CATCHWORDS:	Application to register terms of a conciliation agreement
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Anti-Discrimination Act 1977
CASES CITED:	N/A
REPRESENTATION:	APPLICANT In person RESPONDENT C Chenoweth, solicitor
ORDERS:	Application dismissed.

REASONS FOR DECISION

1 Mr Mahfoud lodged a complaint of disability discrimination against Engineers Australia with the President of the Anti-Discrimination Board. The President convened a conciliation conference. At that conference both parties signed an agreement settling his claim. Mr Mahfoud says that Engineers Australia has not complied with the agreement. He has applied for the Tribunal to register the agreement so that it can be enforced as an order of the Tribunal.

2 Only the terms of an agreement which could have been ordered by the Tribunal had the complaint gone to hearing, can be registered: Anti-Discrimination Act 1977, section 91A(8). The kinds of orders that the Tribunal can make are set out in section 108 of the Anti-Discrimination Act 1977. In summary, in the circumstances of this case, the Tribunal would be able to register the following kinds of terms:

a) to pay compensation of up to $40,000;

b) to stop any conduct rendered unlawful by the Anti-Discrimination Act 1977;

c) to do something to make up for any loss or damage suffered by the applicant; or

d) to publish an apology or a retraction.

3 The terms of the agreement that Mr Mahfoud sought to register were as follows:
1. Mr Mahfoud will resubmit Engineering Practice Reports to Engineering Australia.

2. The Professional Interview will not be held at the Sydney Division of Engineers Australia but at a location to be agreed upon by Mr Mahfoud and Engineers Australia.

3. No previous panel members will be appointed to assess Mr Mahfoud’s performance. A new panel will be convened.

4. Both Mr Mahfoud and Engineers Australia reserve the right to be accompanied by an observer of their own choice.

4 As none of the terms of the agreement could have been the subject of an order in proceedings relating to a complaint by Mr Mahfoud, the application is dismissed.