Hills Grammar School v Human Rights & Equal Opportunity Commission [2000] FCA 658

FEDERAL COURT OF AUSTRALIA

Hills Grammar School v Human Rights & Equal Opportunity Commission [2000] FCA 658 DISCRIMINATION LAW – application for enrolment at a private school – applicant suffers from spina bifida - whether the school may suffer "unjustifiable hardship" within the meaning of s 22 of the Disability Discrimination Act if it were compelled to admit the pupil – whether the extent of hardship should be measured against the maximum time the student could possibly be enrolled in the school - whether the extent of financial hardship claimed must be assessed as an exact figure DISCRIMINATION LAW – burden of proving "unjustifiable hardship" within the meaning of s 22 of the Disability Discrimination Act – whether the burden is placed on the respondent, or is shared by both parties ADMINISTRATIVE LAW – reasons of an administrative decision maker – where the relevant legislation required the decision maker to promote the elimination of discrimination - where the decision maker's reasons discussed matters not necessary for the decision – whether the decision maker took account of irrelevant considerations – whether the decision maker relied on irrelevant considerations ADMINISTRATIVE LAW – reasons of an administrative decision maker – whether reasons are sufficient – whether the reasons disclosed that the decision maker did not consider relevant evidence - whether the reasons disclosed the basis on which the decision maker weighed and evaluated the evidence Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 6 Judiciary Act 1903 (Cth) Disability Discrimination Act 1992 (Cth) ss 5, 6, 11, 22 and 69 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 11 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Attorney-General v Quin (1990) 170 CLR 1 cited Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 applied Scott v Telstra [1995] EOC 92 - 717 cited L v Minister for Education [1996] EOC 92-787 distinguished K v N School (QLD ADT, 7 January 1997, unreported) distinguished Commonwealth of Australia v Introvigne (1982) 150 CLR 258 cited Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 followed Soulemezis v Dudley Holdings Pty Ltd (1987) 10 NSWLR 247 followed HILLS GRAMMAR SCHOOL v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION N794 of 1999 TAMBERLIN J SYDNEY 18 MAY 2000