White v. GSL Custodial Services Pty Ltd

The plaintiff, Mr White, was a prisoner at Port Phillip Prison, a prison managed by the defendant, GSL Custodial Services Pty Ltd ("GSL"). Mr White alleged that he had suffered indirect discrimination under the Equal Opportunity Act because he was placed in a double cell with a cell mate who was a cigarette smoker, and while there were some designated smoking areas in the prison, prisoners were also permitted to smoke in their cells. He alleged that continuing to be housed with smokers was uncomfortable for him as a non-smoker.

In this decision, Deputy President McKenzie struck out Mr White's complaint as not falling within the technical bounds of the Equal Opportunity Act, because Mr White had not disclosed any past or present "impairment". However, Deputy President McKenzie also noted that the decision did not mean that he did not regard the issue as important, and that the State may wish to include the dangers of exposure to second-hand smoke in its policies concerning prisoners and prisons.

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White v. GSL Custodial Services Pty Ltd [2006] VCAT 791 (19 May 2006)

  • Australia
  • May 10, 2006
  • Victorian Civil and Administrative Tribunal

Parties

Plaintiff Sherman White

Defendant GSL Custodial Services Pty Ltd

Legislation Cited

Equal Opportunity Act 1995 (Vic)

Victorian Civil and Administrative Tribunal Act 1998 (Vic)

Related Documents

Type of Litigation

None

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None