Turner v State Transit Authority

[2004] NSWADT 89

CITATION:	Turner v State Transit Authority & anor [2004] NSWADT 89
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Andrea Turner FIRST RESPONDENT State Transit Authority SECOND RESPONDENT Anthony Bond
FILE NUMBER:	031109
HEARING DATES:	11/12/2003 - 12/12/2003
SUBMISSIONS CLOSED:	12/12/2003
DATE OF DECISION:	05/10/2004
BEFORE:	Britton A - Judicial Member; Weule B - Non Judicial Member; Schembri A - Non Judicial Member
APPLICATION:	Transgender - Goods and Services - Transgender - Vilification - Victimisation - Vilification - Transgender
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Anti-Discrimination Act 1977 Births,Deaths and Marriages Registration Act 1995
CASES CITED:	Borg v Commissioner, Department of Corrective Services & Anor [2003] NSWADT 35 Cleary Bros (Bombo) Pty Ltd v Cvetkovski (EOD) [2001] NSWADTAP 10 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Graham v Director General, Department of Community Services (EOD) [2001] NSWADTAP 4 Harding v Vice Chancellor, University of New South Wales (EOD) [2002] NSWADTAP 36 Kazak v John Fairfax Publications Ltd [2000] NSWADT 77 Martin v McKensey (No. 2) [2003] NSWADT 126 Maylor (No. 2) v- Mid North Coast Area Health Service [2001] NSWADT 118 Sivananthan v Commissioner of Police, NSW Police Service [2002] NSWADT 45 Tenzin Dhayakpa v The Minister for Immigration and Ethnic Affairs (1995) 62 FCR 556 Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge [1995] EOC 92. Waters v Public Transport Corporation (1991) 173 CLR 349 Wilde v University of Sydney (No 2) [2004] NSWADT 16
REPRESENTATION:	APPLICANT In person RESPONDENTS K Eastman, barrister
ORDERS:	1. The complaint of victimisation is dismissed; 2. The complaint of unlawful discrimination is dismissed; 3. The complaint of transgender vilification is dismissed; 4.The respondent’s application for costs is dismissed

1 Andrea Turner (“the Applicant”) is a recognised transgender person as defined by the Anti-Discrimination Act 1977 (“the Act”). She alleges that the State Transit Authority (“the First Respondent”), through its employee driver, Anthony Bond (“the Second Respondent”), unlawfully discriminated against her and victimised her because she is a transgender person. She contends also that Mr Bond subjected her to transgender vilification. The allegations concern four incidents that occurred over the period May 2002 to March 2003.

2 By letter dated 22 October 2002, Ms Turner lodged a complaint with the President of the Anti-Discrimination Board (respectively “the President” and “the Board”). She alleged that Mr Bond “vilified me within hearing of other passengers on each occasion [15 May, 20 June and 16 July 2002] because of actual or presumed transgender status”. In addition, she pointed out that she had not received a reply to her five letters of complaint to the Minster of Transport about the same issue. On 29 January 2003, the Board forwarded these allegations to the STA for comment. By letter dated 27 June 2003, the STA denied those allegations.

3 Ms Turner lodged a second complaint on 23…