Sykes v Transport for NSW

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Sykes v Transport for NSW [2020] NSWCATAD 268

Hearing dates:

11 August 2020

Date of orders:

2 November 2020

Decision date:

02 November 2020

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

A Britton, Principal Member

Decision:

(1) Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaints against Buslines and the State of NSW (Department of Education) to proceed.

(2) Leave is refused under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaints against Transport for NSW to proceed.

Catchwords:

HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave

Legislation Cited:

Anti-Discrimination Act 1977 (NSW)

Cases Cited:

Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143

Graham v New South Wales [2001] NSWCA 248

Graham v New South Wales [2001] NSWCA 248

Jones & Anor v Ekermawi [2009] NSWCA 388

Langley v Niland & Anor (1981) 2 NSWLR 104

Texts Cited:

None cited

Category:

Procedural and other rulings

Parties:

Naomi Sykes obo Richez Sykes (Applicant)
Transport for NSW (First Respondent)
Secretary, Department of Education (Second Respondent)
Buslines Group Pty Limited (Third Respondent)

Representation:

Solicitors:
Applicant (Self Represented)
Transport for NSW (First Respondent)
McCabe Curwood (Second Respondent)
J Ferris (Third Respondent)

File Number(s):

2020/00217001

Publication restriction:

Nil

REASONS FOR DECISION

1. On 18 December 2018, Richez Sykes, then an 11-year-old primary school student, made a statement to Police alleging that he had been physically assaulted by other students while travelling on a school bus operated by Buslines Group Pty Limited t/as Wingham Buslines (Buslines). He alleged that “the same thing” had happened to him over the past four years. Transport for NSW contracts Buslines to provide school bus services on the New South Wales Mid North Coast.

2. In February 2019, Ms Naomi Sykes lodged three complaints on behalf of her son (the Complaints) with the President of the Anti-Discrimination Board (respectively, “the President” and “the Board”), alleging, among other things:

1. While travelling to and from school Master Sykes was subject to “racially abusive conduct” by primary and secondary school passengers;

2. Buslines and its drivers failed to act to stop that abuse;

3. Buslines wrongly accused Master Sykes of being the perpetrator of assaults on student passengers and suspended his right to use its services.

3. Mr Sykes identifies her son’s race as “Aboriginal Australian”.

4. The President accepted three complaints for investigation spanning the period 27 February 2015 to 12 February 2019:

1. In respect of Buslines, an allegation of discrimination by Buslines on the ground of race in the area of services in contravention of s 19 of the Anti-Discrimination Act 1977 (NSW) (the Act);

2. In respect of the State of NSW (Department of Education), an allegation of discrimination on the ground of race. (On the available material it is unclear whether the President characterised this complaint as one in the area of…