X v Q

CITATION: X v Q [2011] QCAT 453

PARTIES:	X
v
Q

APPLICATION NUMBER:   ADC007-06

MATTER TYPE: Anti-discrimination matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 16 September 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

1.    Leave to amend the complaint is refused.

2.    The respondent must provide to the tribunal no later than 10 business days prior to the hearing of this proceeding video and/or CCTV footage recorded from 4.30am to 11.00am on 28 July 2009 in the residential compound at a Correctional Centre of:

·     searches of cells 1 to 6;

·     unit R4B;

·     cluster 2.

3.    The respondent must provide to the tribunal no later than 10 business days prior to the hearing of this proceeding video and/or CCTV footage recorded from 7.00am to 9.00am on 7 August 2009 in the residential compound at a Correctional Centre of:

·     Unit R4B;

·     Cluster2.

4.    The video and/or CCTV footage provided in response to this order is not to be accessed by any person other than a member of the tribunal without leave from the tribunal.

5.    Leave to X to access intelligence information held by Q about placing X on a security order on 26 November 2009 is refused.

CATCHWORDS:

ANTI-DISCRIMINATION – complaint on grounds of sex – where amendment to complaint sought – where fresh allegations made – where production of CCTV footage sought from correctional centre

Anti-Discrimination Act 1991, s 178
Corrective Services Act 2006, part 12A
Queensland Civil and Administrative Tribunal Act 2009, s 230

Aon Risk Services Australia Limited v Australian National University [2009] HCA 27

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. In 2005 when he was an inmate in a Correctional Centre X was placed into a maximum security unit.  He complained to the Anti-Discrimination Commission in January 2006 that he had been the subject of unlawful discrimination on the basis of sex as female inmates of correctional centres were not placed in maximum security units.  His complaint was accepted by the Commission, was unable to be successfully conciliated by the Commission and ultimately referred to the former Anti-Discrimination Tribunal on 25 July 2006.

2. The complaint had not been determined by the time that the former Tribunal was abolished and QCAT had commenced on 1 December 2009.

3. In September 2009 X sought to amend the complaint to include allegations of victimisation and on 19 November 2009 the former Tribunal directed that the complaint be amended to include allegations of victimisation. 

Amendment of Complaint

1. On 24 December 2009 QCAT received a letter from X seeking further amendments to be made to his complaint.  The respondent opposes leave being granted to X to further amend the complaint. 

2. The proposed amendments can be summarised as follows:

   a.Allegations that the respondent discriminated against X in failing…