Yu Ping Xi v WorkCover Queensland

CITATION:

Yu Ping Xi v WorkCover Queensland [2017] QCAT 195

PARTIES:

Yu Ping Xi
(Applicant)

v

WorkCover Queensland

(Respondent)

APPLICATION NUMBER:

ADL057-13

MATTER TYPE:

Anti-discrimination matters

HEARING DATE: 

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gardiner, Presiding Member Member Paratz

DELIVERED ON:

8 May 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The complaint made by Yu Ping Xi to the Anti Discrimination Commission Queensland on 28 September 2012 of discrimination by WorkCover Qld pursuant to the Anti-Discrimination Act 1991 (Qld) is dismissed.

CATCHWORDS:

ANTI-DISCRIMINATION – provision of services – where discrimination was alleged on the basis of race – whether the alleged term was proven

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REPRESENTATIVES:
APPLICANT:	The applicant represented herself.
RESPONDENT:	Mr D. Van Brunschot of Kaden Boriss Solicitors

REASONS FOR DECISION

1. A reference from the Anti-Discrimination Commission as to a complaint by Yu Ping Xi as to discrimination was heard by the Tribunal on 8 April 2014. A decision was delivered on 28 May 2014 dismissing the complaint.

2. An appeal against the decision was heard by the Appeal Tribunal by an On the Papers hearing on 23 May 2016. The decision of the Appeal Tribunal was as follows:

   1)    The appeal is allowed on a question of law only. Leave to appeal on grounds (2), (4) and (5) is refused.

   2)    The decision of 28 May 2014 is set aside and the matter is returned to the tribunal for reconsideration in accordance with this decision on appeal.

   3)    By 1 August 2016 Yu Ping Xi must send to the Tribunal and to WorkCover Queensland:

   All the dates on which she alleges she was required by WorkCover to communicate with WorkCover in English, and the circumstances in which this requirement was imposed upon her by WorkCover.

   4)    The file will then be referred to the members of the Tribunal to decide whether a further hearing is required or whether the complaint can be dealt with on the papers, and whether further  evidence or submissions are necessary

3. Ms Xi filed a 9 page document on 4 July 2016 (dated 3 July 2016). On the same day she also filed a 19 page document related to her WorkCover claim.

4. In her document dated 3 July 2016 Ms Xi noted:[1]:

   Because of my health conditions and lack of financial support for the expense of lawyers and trials, I really wanted the tribunal to accepts (stet) this complaint and to be dealt with on the papers.

   [1]Submissions Yu Ping Xi, 3 July 2016, p 9.

5. The Tribunal then made further Directions, pursuant to the orders of the Appeal Tribunal, on 29 September 2016 as follows:

   1)    WorkCover Queensland must file in the Tribunal two (2) copies and send to Yu Ping Xi one (1) copy of any response to the submissions of the applicant filed on 4 July 2016 by: 4pm on 7…