OV and anor v QZ and anor (No.2)

In the Australian Human Rights Commission, OV and another brought a complaint against QZ and another concerning alleged discrimination on the grounds of homosexuality and marital status in relation to services provided by the respondents. The applicants sought to become foster carers but were allegedly refused due to their marital status and sexual orientation. The matter was heard by the Commission and subsequently came before a federal court for review.

The court was required to determine whether the applicants had been subjected to discrimination on the grounds of marital status and homosexuality. The applicants argued that the respondents' refusal to allow them to become foster carers was based on their marital status and sexual orientation, which is a violation of the Anti-Discrimination Act. The respondents, on the other hand, claimed that their decision was based on the best interests of the child and was not discriminatory.

The court found that the complaint of discrimination on the ground of marital status was not substantiated. However, it found that the complaint of discrimination on the ground of homosexuality was substantiated. The court held that the respondents' refusal to allow the applicants to become foster carers was based on their sexual orientation, which is a form of discrimination prohibited by the Anti-Discrimination Act. The court ordered the respondents to pay each applicant $5,000 and to review their policy on homosexual foster carers to eliminate unlawful discrimination. The court also ordered that the orders come into effect three months after the date of the decision.

The court further ordered that the parties were to advise the Tribunal within 14 days of the date of the decision if they objected to the publication of the reasons in their current form. The court also invited the parties to comment on whether the matter could be determined "on the papers" and provided a timeframe for any party wishing to apply for costs. Finally, the court made orders under Section 75(2) of the Administrative Decisions Tribunal Act 1997 (NSW) to prohibit the disclosure of certain information relating to the applicants and any children in their care.