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A barrister, the subject of multiple complaints and disciplinary investigations, has accused the Legal Services Commissioner of discrimination on the basis of impairment and sex.
Julene Winn, a Queensland barrister, filed discrimination proceedings against the Legal Services Commissioner and four of its employees amid ongoing disciplinary proceedings.
Commissioner Megan Mahon was named as a respondent.
The discrimination action was brought on the basis of impairment and sex under the Anti-Discrimination Act 1991 and breaches of the Human Rights Act, alleged to have occurred during the commissioner’s investigations.
Those investigations, commenced in November 2024, resulted in allegations that Winn engaged in either professional misconduct, unsatisfactory professional conduct, or both.
In recent proceedings before the Queensland Civil and Administrative Tribunal (QCAT), Mahon and the three other employees applied to be removed on the basis that public service employees are given statutory protection from civil liability for engaging in conduct in an official capacity.
In a separate application, to be dealt with at a later time, the respondents have also sought summary dismissal on the basis that the claims were “frivolous, vexatious or misconceived”.
QCAT member Peter Roney KC found Mahon was a prescribed person under section 268 of the Public Sector Act 2022 (PS Act), and is therefore “protected by the immunity”.
The third to fifth respondents were employed by the Department of Justice at all relevant times and are also covered by the PS Act immunity.
The summary dismissal application has been set down for hearing in mid-September.
