Catholic Education Office v Clarke [2004] FCAFC 197

FEDERAL COURT OF AUSTRALIA

Catholic Education Office v Clarke [2004] FCAFC 197 DISCRIMINATION LAW – disability – indirect discrimination – offer of enrolment by a school to a deaf student conditional on the acceptance of a 'model of learning support' that excluded the provision of Auslan (Australian Sign Language) interpreting services – reasonableness – Disability Discrimination Act 1992 (Cth) ss 6, 22

Disability Discrimination Act 1992 (Cth) ss 3, 4, 5, 6, 11, 12, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 45, 67 Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 11, 46PH, 46PO Sex Discrimination Act 1984 (Cth) Racial Discrimination Act 1975 (Cth) Federal Court Rules (Cth)O 52 r 14AA Equal Opportunity Act 1984 (Vic) ss 17, 82 Discrimination Act 1991 (ACT) s 27 Purvis v New South Wales (Department of Education and Training) (2003) 202 ALR 133 discussed Waters v Public Transport Corporation (1991) 173 CLR 349 cited IW v City of Perth (1997) 191 CLR 1 cited Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 cited State of Victoria v Schou [2004] VSCA 71 cited Commonwealth Bank of Australia v Human Rights and Equal Opportunity Commission (1997) 80 FCR 78 referred to Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 referred to Commonwealth v Human Rights and Equal Opportunity Commission (1995) 63 FCR 74 referred to Australian Medical Council v Wilson (1996) 68 FCR 46 referred to State of Victoria v Schou (2001) 3 VR 655 cited Richardson v ACT Health and Community Care Service (2000) 100 FCR 1 cited Colyer v State of Victoria [1998] 3 VR 759 cited Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 217 cited CATHOLIC EDUCATION OFFICE & ANOR v CLARKE N 1693 of 2003 TAMBERLIN, SACKVILLE and STONE JJ SYDNEY 6 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA