Hurst and Devlin v Education Queensland [2005] FCA 405

FEDERAL COURT OF AUSTRALIA

Hurst and Devlin v Education Queensland [2005] FCA 405

DISCRIMINATION LAW – disability – profound deafness – access to education – without an Auslan teacher or an Auslan interpreter – reasonableness – compensation – Disability Discrimination Act 1992 (Cth).

Disability Discrimination Act 1992 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Purvis v New South Wales (Department of Education and Training) (2003) 202 ALR 133 followed Haines v Leves (1987) 8 NSWLR 442 followed Street v Queensland Bar Association and Others (1989) 168 CLR 461 followed Waters and Others v Public Transport Corporation (1991) 173 CLR 349 followed Australian Medical Council v Wilson (1996) 68 FCR 46 followed Australian Iron and Steel Proprietary Limited v Banovic and Others (1989) 168 CLR 165 followed Department of Foreign Affairs and Trade v Styles (1989) 88 ALR 621 followed Clarke v Catholic Education Office (2003) 202 ALR 340 followed and applied Charles v Fuji Xerox Australia Pty Ltd (2000) 105 FCR 573 followed Todorovic & Another v Waller (1981) 150 CLR 402 followed Thompson v Faraonio (1979) 24 ALR 1 followed TIAHNA HURST (BY HER NEXT FRIEND, GAIL SMITH) v EDUCATION QUEENSLAND Q 200 of 2002 BENJAMIN DEVLIN (BY HIS NEXT FRIEND, KIM DEVLIN) v EDUCATION QUEENSLAND Q 201 of 2002 LANDER J 15 APRIL 2005 ADELAIDE (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 200 OF 2002

BETWEEN: TIAHNA HURST (BY HER NEXT FRIEND, GAIL SMITH)

APPLICANT

AND: EDUCATION QUEENSLAND

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 15 APRIL 2005

WHERE MADE: ADELAIDE (HEARD IN BRISBANE)

THE COURT ORDERS THAT: In Action Q200 of 2002: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.