Connor v State of Queensland (Department of Education and Training) [2021] FCAFC 21

Federal Court of Australia

Connor v State of Queensland (Department of Education and Training) [2021] FCAFC 21 Appeal from: Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455

File number: QUD 139 of 2020

Judgment of: REEVES, PERRY AND SNADEN JJ

Date of judgment: 4 March 2021

Catchwords: HUMAN RIGHTS – disability discrimination in education – where appellant alleges respondent discriminated against him in connection with his enrolment at a school, and did so contrary to the requirements of the Disability Discrimination Act 1992 (Cth) (DD Act) – where school suspended, physically restrained and secluded appellant, who exhibited disruptive and violent behaviour –– where behaviour was a consequence of disability – whether primary judgment was a product of an appellable error – whether primary judge erred in finding that the treatment of the appellant did not amount to unlawful discrimination under the DD Act – whether various detriments to which the appellant was subjected were detriments to which the school would have subjected other students without disability – no error of principle inherent in primary judge's reasoning – appeal dismissed PRACTICE AND PROCEDURE – whether leave ought be granted to advance additional grounds of appeal – whether or not proposed grounds of appeal have reasonable prospects of success – where leave ordinarily will not be granted to permit on appeal the agitation of an additional ground that lacks reasonable prospects of success – leave refused

Legislation: Disability Discrimination Act 1992 (Cth) – ss 4, 5, 6 and 22

Cases cited: Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455 House v R (1936) 55 CLR 499 Kelso v Tatiara Meat Co Pty Ltd (2007) 17 VR 592 Purvis v New South Wales (2003) 217 CLR 92 Walker v State of Victoria [2012] FCAFC 38 Western Australia v Ward (2002) 213 CLR 1