Osborne and Ranse v Ethnic Broadcasters Council of the Act and Surrounding Districts Inc (Discrimination)

In the matter of Osborne and Ranse versus Ethnic Broadcasters Council of the ACT and Surrounding Districts Inc, the dispute revolves around whether a board member of a voluntary association is considered an ‘employee’ within the meaning of the Discrimination Act 1991 (ACT). The case was heard in the Administrative Appeals Division of the ACT Civil and Administrative Tribunal.

The key legal issues the tribunal needed to address were whether a board member of a voluntary association qualifies as an ‘employee’ and if such associations are exempt from section 31 of the Act. Additionally, the court examined whether a member's right to stand for office constitutes a ‘benefit’ under the same section. The applicant argued that the respondent, as a voluntary organisation, was exempt from the Act, and therefore, its actions did not constitute discrimination.

In its decision, the tribunal clarified that a board member of a voluntary association is not considered an employee under the Act. However, the tribunal held that section 31 of the Act applies to the respondent's conduct. The tribunal found that the right to stand for office is a benefit and the respondent’s refusal to allow the applicant to stand for election constituted discrimination. The tribunal dismissed both applications, finding that the respondent was not exempt from the Act and that the respondent’s conduct did amount to discrimination.