Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. Mr Andrew Gartrell ("the applicant") brought two discrimination complaints on behalf of his son, Mr Richard Gartrell against the first respondent and the second respondent pursuant to s 49M of the Anti-Discrimination Act 1977 (NSW) ("the Act"). The complaints allege discrimination of the ground of a disability in the provision of goods and services. Mr Richard Gartrell is a 23 year old man diagnosed with moderate Autism Spectrum Disorder, significant intellectual disability and obsessive compulsive disorder. Mr Gartrell does not generally communicate verbally.

2. The first respondent is Mr Richard Gartrell's guardian. The second respondent provides Mr Gartrell with accommodation. The applicant's complaint is that the first respondent and the second respondent have mistreated his son because of his disabilities, including administering him with chemical restraints as a tool to manage his behaviour. The complaint periods are 16 February 2022 to 22 August 2024 and 23 August 2024 to November 2024.

3 The first respondent made an interlocutory application on 2 April 2025 that the proceedings before the Tribunal be summarily dismissed pursuant to s 102 of the Act on the basis that the proceedings are misconceived or lacking in substance because no cause of action against the first respondent lies under the Act because of s 100 of the Guardianship Act 1987 (NSW).

4. For the reasons that follow, I have decided to dismiss the application for summary dismissal.

The material before the Tribunal and brief chronology

5. In support of its application, the first respondent filed submissions and documents in Schedule A and Schedule B. Documents in Schedule A outline the decisions made by the first respondent during the complaint period and documents in Schedule B evidence the decisions referred to in Schedule A.

6. Mr Gartrell relied on documents and submissions filed in response. I take the following narrative from the first respondent's submissions.

7. The first respondent has been appointed as Richard's guardian since 3 October 2017. Guardianship orders have been made by the Guardianship Division of this Tribunal.

8. On 6 April 2023, following a review of the guardianship orders, the applicant was appointed as a guardian with the function of advocacy. At the same time the first respondent was reappointed separately to make decisions with respect to Mr Gartrell's healthcare, medical and dental treatment services and restrictive practises.

9 In September 2023 the applicant lodged a request with the Tribunal for a review of the guardianship order made on 6 April 2023, seeking that the applicant be appointed as his son's guardian in place of the first respondent. On 18 February 2024, the Tribunal denied that request and reappointed the first respondent as sole guardian.

10. The applicant made a complaint to Anti-Discrimination NSW on 22 August 2024 alleging that Mr Gartrell had been discriminated against on the grounds of his disability in the provision of goods and services by the first respondent and the second respondent. A further complaint was made on 8 November 2024.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1969e94516838bfa6e872995)

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