The Australian Capital Territory v Phillips (Appeal)

In the case of The Australian Capital Territory v Phillips, Ms Phillips claimed that she was subjected to indirect discrimination by the Territory during the handling of her workers compensation claim, which exacerbated her pre-existing mental health condition, PTSD. The dispute was heard in the Australian Capital Territory Civil and Administrative Tribunal (ACAT). Ms Phillips alleged that the Territory's failure to respond to her inquiries and insistence on her completing specific forms, despite her disability, amounted to indirect discrimination as defined by the Discrimination Act 1991 and the Human Rights Commission Act. The Tribunal was required to determine whether the Territory's actions constituted indirect discrimination and if so, whether the Original Tribunal's findings and orders were justified.

The ACAT found that the Territory's conduct fell within the scope of public life and employment, and its failure to provide adequate assistance to Ms Phillips constituted an imposition of a condition on her. The Tribunal held that this condition amounted to indirect discrimination against Ms Phillips due to her disability. However, the ACAT partially allowed the appeal against the Original Tribunal's orders, setting aside Orders 1 and 2 while confirming Orders 3 and 4. The ACAT also dismissed the application for interim or other orders.

In summary, the ACAT upheld the finding of indirect discrimination by the Territory but modified the orders made by the Original Tribunal. The appeal was allowed in part, Orders 1 and 2 were set aside, Orders 3 and 4 were confirmed, and the application for interim or other orders was dismissed.