Purvis v State of New South Wales (Department of Education & Training) [2002] FCAFC 106 ; [2002] FCA 503

Purvis v State of New South Wales (Department of Education & Training) [2002] FCAFC 106 Purvis v State of New South Wales (Department of Education & Training) [2002] FCA 503

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Purvis v State of New South Wales (Department of Education & Training)

[2002] FCA 503

HUMAN RIGHTS – where school excluded student who exhibited antisocial and violent behaviour – where behaviour was consequence of disability – whether discrimination on grounds of behaviour is discrimination under s 22 of the Disability Discrimination Act 1992 (Cth) – proper comparison for purposes of s 5 WORDS AND PHRASES – "disability", "discrimination" Disability Discrimination Act 1992 (Cth), ss 3, 4, 5, 22, 55 Equal Opportunity Act 1984 (WA) X v McHugh (1994) 56 IR 248 not followed HREOC v Mt Isa Mines (1993) 46 FCR 301 referred to IW v City of Perth (1997) 191 CLR 1 distinguished Commonwealth v Introvigne (1981) 150 CLR 258 cited Tate v Raffin [2000] FCA 1582 cited Waterhouse v Bell (1991) 25 NSWLR 99 referred to Boehringer Ingelheim Pty Ltd v Reddrop [1984] 2 NSWLR 13 cited X v Commonwealth (1999) 200 CLR 177 referred to