Spence v Roberts (No 2)

[2006] NSWADT 361

CITATION:	Spence v Roberts (No 2) [2006] NSWADT 361
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Allan Spence RESPONDENT Wendy Roberts
FILE NUMBER:	051110
HEARING DATES:	On the papers
SUBMISSIONS CLOSED:	08/28/2006
DATE OF DECISION:	12/22/2006
BEFORE:	Britton A - (Deputy President); O'Sullivan M - Non Judicial Member; Quayle C - Non Judicial Member
CATCHWORDS:	Disability Discrimination - Goods and Services
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977
CASES CITED:	Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Martin v McKensey (No. 2) [2003] NSWADT 126 Spence v Roberts [2006] NSWADT 105 Turner v State Transit Authority & anor [2004] NSWADT 89
REPRESENTATION:	APPLICANT In person RESPONDENT D Mockler, solicitor
ORDERS:	The complaint of disability discrimination is dismissed.

REASONS FOR DECISION

1 Alan Spence claims that in the course of a psychological assessment he was assaulted and mistreated by psychologist, Dr Wendy Roberts and, that that conduct, constitutes discrimination on the grounds of disability. Dr Roberts strenuously denies these allegations and asserts that the examination was conducted in a professional and courteous manner.

2 Before proceeding to consider Mr Spence’s complaint, it is useful to set out the background to these proceedings.

Background

3 In April 2005 Mr Spence lodged a complaint about Dr Roberts with the President of the Anti-Discrimination Board (respectively ‘the President’ and ‘the Board’) alleging discrimination on the grounds of disability in the area of services. By letter dated 30 August 2005, the President referred that complaint to the Tribunal.

4 Since then five case conferences have been listed in this matter. Mr Spence attended none in person and four by phone. Many were listed to deal with applications made by Mr Spence requesting the Registrar to issue summonses in this matter against Dr Roberts and various third parties.

5 In the early part of these proceedings, Mr Spence applied to join Allianz Australia and, the solicitor who represented Allianz in District Court proceedings that involved a personal injury claim brought by Mr Spence. That application was refused. (Spence v Roberts [2006] NSWADT 105.)

6 The matter was listed for a two-day hearing to commence on 19 June 2006. Shortly before the hearing was to commence, Mr Spence applied for an adjournment. That application was refused. At that hearing, the Tribunal received a further adjournment application from Mr Spence, who was not in attendance. Attached to that application was a letter from Mr Spence’s treating doctor who stated that Mr Spence suffered from a ‘potentially life threatening medical condition’ which could be made worse by any stressful situation. He certified that Mr Spence was unfit for any court hearing or meeting. At Mr Spence’s invitation, the Tribunal contacted the doctor and requested further details about Mr Spence’s state of health. The doctor confirmed that Mr Spence was unwell and advised that he would be unable to participate in any hearing before the Tribunal in the foreseeable…