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Atkinson v Central Northern Adelaide Health Service [2008] SAEOT 5

In 2005, Mr Atkinson asked to see a doctor at the Central Northern Adelaide Health Service.

The health service said he did not meet the criteria for using this service because it was only for people who were of non-English speaking background, Aboriginal and Torres Strait Islander, or under 25 years of age.

Mr Atkinson said he had been discriminated against because of his race and his age.

The Tribunal found unanimously that there had been age discrimination, rejecting CNAHS arguments that their scheme allowed them to discriminate under an existing exemption contained in section 85P of the Equal Opportunity Act 1984.

The Tribunal was divided on whether there had been race discrimination.

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