Director General, Department of Education and Training v ZG on behalf of A, B and C; ZG on behalf of A, B and C v Director General, Department of Education and Training (EOD) [2007] NSWADTAP 50

Director General, Department of Education and Training v ZG on behalf of A, B and C; ZG on behalf of A, B and C v Director General, Department of Education and Training (EOD) [2007] NSWADTAP 50

Neither the disciplinary actions by staff nor the school's failure to adequately respond to racist remarks by other students constituted unlawful discrimination as defined by the Anti-Discrimination Act 1977; there was no finding of less favourable treatment 'on the ground of race.' The Tribunal made errors in legal reasoning but made sufficient factual findings to support a dismissal of the complaints when the correct law is applied.

Parties
First Appellant; Second Respondent: Director General, Department of Education and Training; First Respondent; Second Appellant: ZG on behalf of A, B and C
Jurisdiction
Australia
Judgment Date
13 September 2007
Procedural Posture
Appeal / Appeal Panel Decision on Appeal From Tribunal
Outcome
Appeal upheld; Tribunal's original orders set aside; race discrimination complaints dismissed
Legal Topics
Race Discrimination, Disciplinary Action in Schools, Procedural Fairness, Liability of Educational Authorities for Students' Conduct, Vicarious Liability, Remedies for Discrimination
Anti Discrimination Law Education Law Race Discrimination Disciplinary Action in Schools Procedural Fairness Liability of Educational Authorities for Students' Conduct Vicarious Liability Remedies for Discrimination

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Parties

Director General, Department of Education and Training

First Appellant; Second Respondent

ZG on behalf of A, B and C

First Respondent; Second Appellant

Procedural Posture

Appeal / Appeal Panel Decision on Appeal From Tribunal

Legal Issues

  1. 1 Whether the Director General, Department of Education and Training breached s 17(2) of the Anti-Discrimination Act 1977 by discriminating against A, B and C on the ground of race
  2. 2 Whether disciplinary actions or failure to respond to racist comments by students constituted unlawful discrimination under the Act
  3. 3 Whether Tribunal erred in its application of the law and legal principles under the Anti-Discrimination Act 1977

Ratio Decidendi

Neither the disciplinary actions by staff nor the school's failure to adequately respond to racist remarks by other students constituted unlawful discrimination as defined by the Anti-Discrimination Act 1977; there was no finding of less favourable treatment 'on the ground of race.' The Tribunal made errors in legal reasoning but made sufficient factual findings to support a dismissal of the complaints when the correct law is applied.

Court Disposition

Appeal upheld; Tribunal's original orders set aside; race discrimination complaints dismissed

Orders

  • The Tribunal's orders are set aside.
  • In substitution: (a) The complaint of race discrimination by ZG on behalf of A is dismissed.