Forrester v. AIMS Corporation & Ors

The plaintiff alleged that he was subjected to environmental tobacco smoke caused by the smoking of other prisoners during the period of his detention at various prisons in Victoria, in contravention of the Equal Opportunity Act 1995. He made complaints against: AIMS Corporation, which was responsible for transporting him between various locations; the State of Victoria; and against Group 4 Correctional Services Pty Ltd, which operated the Port Phillip Prison. The plaintiff alleged that he had hypersensitivity to tobacco smoke.

The respondents successfully applied to have the plaintiff's complaints struck out, on the basis that the plaintiff did not disclose a disability falling within the definition of "impairment" in the Act. This was the hearing of the plaintiff's appeal against that decision.

Kaye J found in favour of the plaintiff, allowing the appeal and remitting the matter to the Victorian Civil and Administrative Tribunal for hearing.