FRT v NSW Education Standards Authority [2023] NSWCATAD 24

FRT v NSW Education Standards Authority [2023] NSWCATAD 24

The complaint was dismissed because s 49L did not apply: home schooling was not an institution within the definition of educational authority, and neither respondent administered home schooling but instead performed registration functions under Part 7 of the Education Act 1990 (NSW). Section 49M was not breached because the respondents did not refuse to provide a service and the duration of registration was not a term on which the service was provided. In any event, the evidence did not establish direct discrimination, because a comparator child with the same level of record-keeping would not have been treated more favourably, and did not establish indirect discrimination, because the...

Jurisdiction
Australia
Judgment Date
30 January 2023
Procedural Posture
Disability Discrimination Complaint Concerning Home Schooling Registration / Principal Judgment After Hearing
Outcome
The applicant's complaint was dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977 (NSW).
Legal Topics
['disability Discrimination' 'educational Authority' 'provision of Services' 'home Schooling Registration' 'direct Discrimination' 'indirect Discrimination' 'non Publication Orders']
['anti Discrimination Law' 'education Law' 'administrative Law'] ['disability Discrimination' 'educational Authority' 'provision of Services' 'home Schooling Registration' 'direct Discrimination' 'indirect Discrimination' 'non Publication Orders']

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Procedural Posture

Disability Discrimination Complaint Concerning Home Schooling Registration / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether NSW Education Standards Authority or the Minister for Education and Early Learning was an educational authority for the purposes of s 49L of the Anti-Discrimination Act 1977 (NSW).' 'Whether granting home schooling registration for one year rather than two years amounted to discrimination in education under s 49L of the Anti-Discrimination Act 1977 (NSW).' 'Whether deciding home schooling registration and its duration involved unlawful discrimination in the provision of services under s 49M of the Anti-Discrimination Act 1977 (NSW).' "Whether the applicant's son was directly or indirectly discriminated against on the ground of disability within s 49B of the Anti-Discrimination Act 1977 (NSW)." 'Whether the statutory authority defence in s 54(1) of the Anti-Discrimination Act 1977 (NSW) applied.']

Ratio Decidendi

The complaint was dismissed because s 49L did not apply: home schooling was not an institution within the definition of educational authority, and neither respondent administered home schooling but instead performed registration functions under Part 7 of the Education Act 1990 (NSW). Section 49M was not breached because the respondents did not refuse to provide a service and the duration of registration was not a term on which the service was provided. In any event, the evidence did not establish direct discrimination, because a comparator child with the same level of record-keeping would not have been treated more favourably, and did not establish indirect discrimination, because the...

Court Disposition

The applicant's complaint was dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977 (NSW).

Orders

  • ['The Minister for Education and Early Learning is joined as a respondent.' 'The publication of the names of the applicant and her children is prohibited and the names are to be anonymised.' "The Applicant's complaint is dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977."]