ZG v Director General, NSW Department of Education and Training [2006] NSWADT 344

ZG v Director General, NSW Department of Education and Training [2006] NSWADT 344

The respondent unlawfully discriminated against the applicant's sons on the ground of race by failing to provide them the benefit of a safe learning environment and/or subjecting them to a learning environment where racism was tolerated, contrary to Section 17 of the Anti-Discrimination Act 1977.

Source-derived case information.

Parties
Applicant: ZG; Respondent: Director General, NSW Department of Education and Training
Jurisdiction
Australia
Judgment Date
05 December 2006
Procedural Posture
Complaint for Race Discrimination in Education / Final Decision After Hearing
Outcome
Complaint partially upheld. Unlawful discrimination found under Section 17 of ADA.
Legal Topics
Race Discrimination, School Discipline, Policy Implementation, Duty of Care
Anti Discrimination Education Law Race Discrimination School Discipline Policy Implementation Duty of Care

Source-derived case record

Summary, issues, holding and outcome

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Parties

ZG

Applicant

Director General, NSW Department of Education and Training

Respondent

Procedural Posture

Complaint for Race Discrimination in Education / Final Decision After Hearing

Legal Issues

  1. 1 Whether the respondent, as an educational authority, unlawfully discriminated against the applicant's children on the ground of race under Section 17 of the Anti-Discrimination Act 1977
  2. 2 Whether the respondent failed to provide a safe learning environment, subjecting students to racism
  3. 3 Adequacy and implementation of anti-racism policies and training

Ratio Decidendi

The respondent unlawfully discriminated against the applicant's sons on the ground of race by failing to provide them the benefit of a safe learning environment and/or subjecting them to a learning environment where racism was tolerated, contrary to Section 17 of the Anti-Discrimination Act 1977.

Court Disposition

Complaint partially upheld. Unlawful discrimination found under Section 17 of ADA.

Orders

  • Director General, NSW Department of Education and Training to pay the applicant $6000 for economic loss and for hurt and humiliation within 28 days.
  • Excelsior to apologise to the applicant within 28 days for any distress caused to A, B and C by its management of racist remarks from November 1998 to end 1999.