Diri v Board of Studies Teaching and Education Standards [2014] NSWCATAD 222

Diri v Board of Studies Teaching and Education Standards [2014] NSWCATAD 222

The applicant's evidence was sufficient to make it desirable to prohibit disclosure of her address and information that may lead to discovery of her address, but it was not necessary or desirable to suppress her name, family history or profile because the Tribunal was not satisfied that her being an applicant in Tribunal proceedings jeopardised her or her family's safety.

Jurisdiction
Australia
Judgment Date
15 December 2014
Procedural Posture
Application for Non Disclosure/suppression Order in Anti Discrimination Proceedings / Interlocutory Application
Outcome
Application granted in part.
Legal Topics
['suppression Order' 'non Disclosure Order' 'publication Restriction' 'race Discrimination Complaint' 'safety Concerns']
['administrative Law' 'anti Discrimination Law' 'tribunal Procedure'] ['suppression Order' 'non Disclosure Order' 'publication Restriction' 'race Discrimination Complaint' 'safety Concerns']

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Procedural Posture

Application for Non Disclosure/suppression Order in Anti Discrimination Proceedings / Interlocutory Application

Legal Issues

  1. 1 ["Whether the Tribunal should prohibit or restrict disclosure of the applicant's name, address, family history, profile or other identifying information under s 64 of the Civil and Administrative Tribunal Act 2014 (NSW)." "Whether the applicant's evidence of refugee status, fears for safety, a visit by a strange Fijian person and Facebook threats made it desirable to suppress her personal particulars."]

Ratio Decidendi

The applicant's evidence was sufficient to make it desirable to prohibit disclosure of her address and information that may lead to discovery of her address, but it was not necessary or desirable to suppress her name, family history or profile because the Tribunal was not satisfied that her being an applicant in Tribunal proceedings jeopardised her or her family's safety.

Court Disposition

Application granted in part.

Orders

  • ['Publication of any document lodged with the Tribunal or evidence given before the Tribunal which contains the address of the applicant is prohibited.']