Thiab v Western Sydney University [2022] NSWSC 760

Thiab v Western Sydney University [2022] NSWSC 760

The University's cancellation of placements and discipline of Ms Thiab, including requiring recantation of her beliefs, contravened s 35 of the Western Sydney University Act 1997 by discriminating against her because of attributed political views, thus unlawfully denying progression and privileges within the University.

Parties
Plaintiff: Nera Thiab; First Defendant: Western Sydney University; Second Defendant: Leanne Hunt
Jurisdiction
Australia
Judgment Date
10 June 2022
Procedural Posture
Principal Judgment / Final Judgment With Further Orders to Be Determined After Parties Confer
Outcome
Declaration that sanction 4 is invalid due to breach of s 35; further orders (including allocation of placements and costs) adjourned for parties to confer.
Legal Topics
Political Discrimination, University Disciplinary Proceedings, Freedom of Conscience, Academic Freedom
Human Rights Anti Discrimination Equity Administrative Law Political Discrimination University Disciplinary Proceedings Freedom of Conscience Academic Freedom

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Parties

Nera Thiab

Plaintiff

Western Sydney University

First Defendant

Leanne Hunt

Second Defendant

Procedural Posture

Principal Judgment / Final Judgment With Further Orders to Be Determined After Parties Confer

Legal Issues

  1. 1 Whether cancellation of clinical placements and imposition of sanctions by the University breached s 35 of the Western Sydney University Act 1997 prohibiting discrimination because of students' religious or political views or beliefs
  2. 2 Whether views expressed by the student regarding Covid-19 vaccination constituted 'political' beliefs or affiliations under s 35
  3. 3 Whether University's actions were taken 'because of' Ms Thiab's attributed political beliefs

Ratio Decidendi

The University's cancellation of placements and discipline of Ms Thiab, including requiring recantation of her beliefs, contravened s 35 of the Western Sydney University Act 1997 by discriminating against her because of attributed political views, thus unlawfully denying progression and privileges within the University.

Court Disposition

Declaration that sanction 4 is invalid due to breach of s 35; further orders (including allocation of placements and costs) adjourned for parties to confer.

Orders

  • Adjourn proceedings to 21 June 2022 or as arranged.
  • Direct parties to confer on form of orders and costs; proposed orders to be submitted before adjourned hearing.