VCAT case sheds light on how the Human Rights Charter interacts with Victorian EO legislation

Key Points:
Employers should continue to exercise caution when seeking to rely on a statutory exemption under the Equal Opportunity Act 1995 (Vic).

In Cobaw Community Health Services v Christian Youth Camps Ltd [2010] VCAT 1613, an organisation called WayOut that conducts suicide prevention projects for same sex attracted youths telephoned Christian Youth Camps Ltd (CYC) to inquire into the hiring of camp grounds for a weekend retreat program. CYC refused to make the booking because of the sexual orientation of the retreat attendees.

In finding that CYC directly discriminated against the attendees, Vice President Judge Hampel of the Victorian Civil and Administrative Tribunal (VCAT) awarded $5,000 in damages and issued a declaration that they had been discriminated against.