Re Surtie Enterprises Pty Ltd as trustee for the Surtie Enterprises Unit Trust

In the matter of Re Surtie Enterprises Pty Ltd as trustee for the Surtie Enterprises Unit Trust, the court was presented with a dispute concerning an exemption from certain provisions of the Anti-Discrimination Act 1991. The applicant, Surtie Enterprises, sought exemption from liability for age discrimination in its operation of a manufactured homes village known as Greenbank Gardens Village. The village sought to restrict residency to individuals over the age of 50, a policy which was challenged on the basis that it constituted unlawful discrimination against younger potential residents.

The court was required to determine whether the proposed restriction was an unjustifiable age-based barrier and if so, whether the exemption from the anti-discrimination provisions was warranted. The primary consideration was whether the exemption aligned with the objectives of the Anti-Discrimination Act, which is to promote equality and prohibit discrimination on various grounds including age. The court needed to balance the right to operate a residential community with the broader principle of non-discrimination enshrined in the legislation.

The court concluded that the restriction on residency to those over 50 years of age was a justified measure to create a community tailored to the needs of older residents. The decision recognised the unique needs and preferences of the target demographic and found that the exemption was necessary to achieve the objectives of providing a suitable living environment for the intended residents. As a result, the court granted an exemption to the applicant for a period of five years, allowing the policy to remain in effect while ensuring ongoing compliance with the spirit of the Act.

The court ordered that Surtie Enterprises Pty Ltd as trustee for the Surtie Enterprises Unit Trust be exempt from certain sections of the Anti-Discrimination Act 1991 for a period of five years in respect of its activities related to Greenbank Gardens Village. This exemption permitted the continuation of the age-based residency policy while requiring the trustee to remain vigilant about compliance with anti-discrimination principles.