Braiding v TAFE NSW [2017] NSWCATAD 363

Given the unresolved questions of fact regarding the reasons for refusing enrolment and compliance with the Behavioural Agreement, as well as the complexity and substance of the legal issues, it is fair and just to grant Mr Braiding leave for his complaints to proceed.

Jurisdiction: Australia
Judgment Date: 08 December 2017
Procedural Posture: Administrative and Equal Opportunity / Application for Leave to Proceed After Anti Discrimination Board Declined Complaint
Outcome: Leave granted for complaint to proceed
Legal Topics: ['disability Discrimination' 'victimisation' 'access to Education' 'procedural Fairness']

['human Rights' 'anti Discrimination' 'education Law'] ['disability Discrimination' 'victimisation' 'access to Education' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Administrative and Equal Opportunity / Application for Leave to Proceed After Anti Discrimination Board Declined Complaint

Legal Issues

1 ['Whether TAFE NSW discriminated against Mr Braiding on the ground of disability by refusing his enrolment applications' 'Whether TAFE NSW victimised Mr Braiding for previous complaints' 'Whether the complaint should proceed after being declined by the Anti-Discrimination Board' 'Whether it is fair and just to grant leave for the complaint to proceed']

Ratio Decidendi

Court Disposition

Leave granted for complaint to proceed

Orders

["Leave is granted for Mr Braiding's complaints of disability discrimination and victimisation against NSW TAFE to proceed."]