State of Queensland v Barney

The State of Queensland and another party appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT) that ordered them to pay Mr Barney a total award of $76,704.81 for compensation for loss and damage caused by contravention of the Anti-Discrimination Act 1991. Mr Barney, the respondent, had been the victim of direct racial discrimination during the course of his employment, which led to the development of a depressive illness and subsequent leave from work. The Tribunal had ordered the appellants to compensate Mr Barney for the loss and damage caused by the contravention of the Act. The appellants contested the decision, arguing that the total award was excessive and assessed on wrong principles. They also argued that Mr Barney failed to establish that the acts of discrimination were a significant or material cause of his illness and associated economic loss. Moreover, the appellants argued that the Tribunal had erred in placing the onus of proof on them to establish that Mr Barney's illness was not wholly or partly the result of a pre-existing condition.

The court had to decide whether the respondent adduced sufficient evidence to establish that the illness was wholly or partly caused by the discriminatory acts and whether the total award was manifestly excessive. The court held that the learned Member of QCAT had avoided the error which lies at the heart of the appellants' complaint. The Member's conclusion that the cause of Mr Barney ceasing work was the effect of becoming aware of the incident regarding Ms Petersen and that her subsequent purported apology was a major contributing factor in him remaining off work was reasonably open on the evidence before him. Once that conclusion was reached, there was no apparent basis for reducing or discounting Mr Barney's claim for economic loss. Therefore, the appeal was refused.

The court found that the Tribunal had correctly assessed the onus of proof, and there was sufficient evidence to establish that the illness was wholly or partly caused by the discriminatory acts. The court held that the total award was not manifestly excessive, and the appellants' appeal was dismissed. The decision of the Tribunal was affirmed, and the appellants were ordered to pay Mr Barney the total award of $76,704.81.