Dezfouli v Pulley [2014] NSWCATAD 1 (17 January 2014)

New South Wales Civil and Administrative Tribunal – Administrative and Equal Opportunity Division 17 January 2014

Before: Magistrate N Hennessy

REASONS FOR DECISION
Introduction

1. Mr Dezfouli is an Iranian man who is a patient at the Forensic Hospital. He complained to the President of the Anti-Discrimination Board that his treating psychiatrist, Dr Pulley, had victimised him for lodging a complaint of race discrimination against him. Mr Dezfouli says that after he complained of race discrimination Dr Pulley proposed to change his medication to make him more manageable and less litigious.
2. The President declined the complaint as “lacking in substance” and Mr Dezfouli has elected to have it referred to the Tribunal. Before his complaint can go ahead, the Tribunal must give its permission or ‘leave’. The test when exercising its discretion is whether it is fair and just in all the circumstances to grant leave… I have decided to grant leave for Mr Dezfouli’s complaint to go ahead…”

Find decision here.