The Tribunal held that s 232(1)(f) of the Strata Schemes Management Act 2015 does not confer jurisdiction on NCAT's Consumer and Commercial Division to make orders based on an owners corporation's alleged contravention of s 49M of the Anti-Discrimination Act 1977 (indirect disability discrimination), because Part 9 of the ADA provides a specific regime for such complaints (lodgement with the Anti-Discrimination Board, referral to the Administrative and Equal Opportunity Division), and the Anthony Hordern principle precludes bypassing that specific pathway via the general order-making power in s 232. The Tribunal also held that s 106(2) SSMA does not require an owners corporation to install new accessibility infrastructure (ramps, handrails, platform lifts) where the existing common property has not fallen into disrepair but is operating according to its original design, following Thoo and Glenquarry. The question of whether the applicant could succeed via a complaint to the Anti-Discrimination Board under Part 9 of the ADA was expressly left open.
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