EEZ v TAFE NSW [2020] NSWCATAD 35

EEZ v TAFE NSW [2020] NSWCATAD 35

The complaint lacks substance because it is not reasonably arguable that TAFE NSW’s conduct amounted to less favourable treatment on the ground of disability, given the objective risk assessment and the alternative course offered. Indirect discrimination was also not substantiated due to absence of an unreasonable requirement or condition.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Complaint Under Anti Discrimination Act / Leave to Proceed Refused
Outcome
Leave to proceed refused
Legal Topics
['disability Discrimination' 'education' 'procedural Fairness']
['human Rights' 'equal Opportunity' 'administrative Law'] ['disability Discrimination' 'education' 'procedural Fairness']

Case Brief

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Procedural Posture

Complaint Under Anti Discrimination Act / Leave to Proceed Refused

Legal Issues

  1. 1 ['Whether applicant has or is thought to have a disability within the meaning of the Act' 'Whether TAFE NSW subjected applicant to a detriment' 'Whether TAFE NSW treated applicant less favourably than it would have treated a student without the disability' 'Whether TAFE NSW imposed a requirement or condition not reasonable having regard to the circumstances' 'Whether the complaint lacks substance under s 92 of the Act']

Ratio Decidendi

The complaint lacks substance because it is not reasonably arguable that TAFE NSW’s conduct amounted to less favourable treatment on the ground of disability, given the objective risk assessment and the alternative course offered. Indirect discrimination was also not substantiated due to absence of an unreasonable requirement or condition.

Court Disposition

Leave to proceed refused

Orders

  • ['Leave for the complaint to proceed is refused under s 96(1) of the Anti-Discrimination Act 1977 (NSW).']