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.
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.