Lina Obieta v New South Wales Department of Education and Training and Ors [2007] FCA 86

FEDERAL COURT OF AUSTRALIA

Lina Obieta v New South Wales Department of Education and Training and Ors [2007] FCA 86 DISCRIMINATION – racial discrimination – sex discrimination – victimisation – vicarious liability – credit of applicant Held: Application dismissed. Human Rights and Equal Opportunity Act 1986 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Aboriginal Legal Rights Movement Inc v South Australia and Another (No1) (1995) 64 SASR 551, referred to Baird and Others v Queensland (No 1) (2005) 224 ALR 541, referred to Bropho v Human Rights and Equal Opportunity Commission and Another (2004) 135 FCR 105, cited Commonwealth v McEvoy and Another (1999) 94 FCR 341, cited Cooke v Plauen Holdings [2001] FMCA 91, referred to Cooper v Human Rights and Equal Opportunity Commission and Another (1999) 93 FCR 481, referred to Creek v Cairns Post Pty Ltd (2001) 112 FCR 352, cited Damiano and Another v Wilkinson and Another [2004] FMCA 891, cited Elliott v Nanda and Another (2001) 111 FCR 240, cited Gerhardy v Brown (1985) 159 CLR 70, referred to Hagan v Trustees of the Toowoomba Sports Ground Trust [2000] FCA 1615, referred to In Marriage of Lindsey (1995) 128 FLR 46, referred to Kelly-Country v Beers and Another (2004) 207 ALR 421, referred to Lina Obieta v Human Rights and Equal Opportunity Commission [2006] FCA 1684, referred to Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission and Another (1998) 91 FCR 8, considered Microsoft Corporation and Another v Marks (No 1) 1996 69 FCR 117 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and Others (1992) 110 ALR 449, followed Purvis v New South Wales (Department of Education and Training) and Another (2003) 202 ALR 133, considered Rejfek and Another v McElroy and Another (1965) 112 CLR 517, referred to Shaikh v Campbell & Nivona Pty Ltd [1998] HREOCA 13, cited Sharma v Legal Aid (Qld) [2002] FCAFC 196; (2002) 115 IR 91, cited Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44, cited Tasmanian Wilderness Society Inc and Others v Fraser and Others (1982) 153 CLR 270, referred to Toben v Jones (2003) 129 FCR 515, cited Victoria v Macedonian Teachers' Association of Victoria Inc and Another (1999) 91 FCR 47, referred to Waters and Others v Public Transport Corporation (1991) 173 CLR 349, cited LINA OBIETA v NEW SOUTH WALES DEPARTMENT OF EDUCATION AND TRAINING, NSW VOCATIONAL EDUCATION AND TRAINING ACCREDITATION BOARD, TAFE NSW SYDNEY INSTITUTE, DAVID NORMAN, ALEXIE DAVIS AND RYISSA FOGARTY NSD 631 OF 2006