Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3:

1. Mr Boyland has lodged an appeal against the decision of the Tribunal made on 5 March 2025 refusing him leave, pursuant to s 96(1) of the Anti-Discrimination Act 1977 (NSW) (ADA), to proceed with a discrimination complaint (the Decision). Mr Boyland's complaint concerns alleged discrimination on the ground of disability.

2 For the reasons which follow, we find that the Decision is not an internally appealable decision, and as a consequence we do not have jurisdiction to hear the appeal. Put another way, we simply have no authority to determine this appeal.

3 Accordingly, we have decided to dismiss the appeal for want of jurisdiction.

Background

4 Mr Boyland filed a complaint with Anti-Discrimination NSW (ADNSW) on 18 June 2024 (the Complaint). On 11 December 2024, ADNSW notified the parties that it had determined to decline the Complaint under s 92(1)(a)(ii) of the ADA.

5 On 13 December 2024, Mr Boyland requested that the President of ADNSW refer the Complaint to the Tribunal under s 93A of the ADA. After that, the Tribunal heard Mr Boyland's application on 5 March 2025.

6 At the conclusion of the hearing, the Tribunal declined Mr Boyland's application for leave, pursuant to s 96(1) of the ADA, for the Complaint to proceed.

Notice of Appeal

7 On 7 March 2025, Mr Boyland filed his Notice of Appeal from the Decision, which sets out why the appeal should be allowed. The grounds largely centre around the proposition that he was not afforded procedural fairness.

8 In its Reply to Appeal, the Respondent contended that the Appeal Panel does not have jurisdiction in respect of the appeal.

9 It is appropriate for the Appeal Panel to consider whether it has jurisdiction before determining any other issue in the appeal: McNally v Resolution Life Australasia Limited [2025] NSWCATAP 116 at [9]; Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211 at [1].

Relevant legislation

10 Under s 80(1) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), the Appeal Panel has jurisdiction to determine an appeal against an 'internally appealable decision', defined in s 32(4) as "a decision of the Tribunal or a registrar over which the Tribunal has internal appeal jurisdiction".

11 Section 32(1) provides:

32 Internal appeal jurisdiction of Tribunal

(1) The Tribunal has internal appeal jurisdiction over-

(a) any decision made by the Tribunal in proceedings for a general decision or administrative review decision, and

(b) any decision made by a registrar of a kind that is declared by this Act or the procedural rules to be internally appealable for the purposes of this section.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197c9923db3ba8f00715ca3f)

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