Clarke v Catholic Education Office & Anor [2003] FCA 1085

FEDERAL COURT OF AUSTRALIA

Clarke v Catholic Education Office & Anor [2003] FCA 1085

DISCRIMINATION LAW– civil and political rights – indirect discrimination on ground of disability – boy with congenital profound deafness – mainly communicated by Auslan – about to enter high school – whether in circumstances reasonable for education provider not to take more steps to provide Auslan interpreting assistance for class room instruction – such assistance provided in primary school operated by same education provider. DAMAGES – merely compensatory.

Australian Iron & Steel Pty Lt v Banovic (1987) 168 CLR 165 at 178-79; 187, applied Commonwealth Bank v Human Rights & Equal Opportunity Commission (1997) 150 ALR 1, followed IW v The City of Perth and Ors (1997) 191 CLR 1, considered Jones v Dunkel (1959) 101 CLR 298, applied Secretary, Department of Foreign Affairs and Trade v Styles and Anor (1989) 23 FCR 251, followed State of Victoria v Schou (2001) 3 VR 655, considered Waters v Public Transport Corporation (1991) 173 CLR 349, applied

Disability Discrimination Act 1992 (Cth), ss 3, 4, 6, 22(1)(b), 24 (1)(b), 24(2) Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 46PH(1)(i), 46PO, 46PO(3)

NICHOLAS GEOFFREY CLARKE on behalf of JACOB NICHOLAS CLARKE v CATHOLIC EDUCATION OFFICE & ANOR

N1067 of 2001 MADGWICK J 8 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1067 OF 2001

BETWEEN: NICHOLAS GEOFFREY CLARKE on behalf of

JACOB NICHOLAS CLARKE

APPLICANT

AND: CATHOLIC EDUCATION OFFICE

FIRST RESPONDENT

MACKILLOP CATHOLIC COLLEGE

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 8 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Judgment for the applicant. 2. The respondents pay the applicant $26,000 within 28 days. 3. The respondents pay the applicant's costs to be assessed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.