Walker v State of Victoria [2011] FCA 258

FEDERAL COURT OF AUSTRALIA

Walker v State of Victoria [2011] FCA 258 Citation: Walker v State of Victoria [2011] FCA 258

Parties: ALEX WALKER (BY HIS NEXT FRIEND PAIGE WALKER) v STATE OF VICTORIA - DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT

File numbers: VID 829 of 2008 VID 401 of 2009

Judge: TRACEY J

Date of judgment: 23 March 2011

Catchwords: HUMAN RIGHTS – Discrimination – education – onus on aggrieved person to establish discrimination - direct discrimination – whether treatment of an aggrieved person less favourable than of a non-disabled person in the same circumstances – ground not made out - indirect discrimination - whether requirements or conditions imposed upon an aggrieved person are unreasonable – requirements or conditions are to be broadly construed – reasonable degree of precision necessary in formulation – requisite precision absent in applicant's case – ground not made out – breach of Disability Standards in force pursuant to Disability legislation alleged – no contraventions of Standards made out - victimisation charge – onus on aggrieved person to establish victimisation beyond reasonable doubt – proscribed act must be performed on grounds that victim has done thing prescribed by the Act – requisite causal relationship – claim not established to this standard – must fail – application and charge both dismissed

Legislation: Disability and Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 11, 14, 22, 31, 32, 34, 42, Part 2 Evidence Act 1995 (Cth) s 140 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO, Part IIB Disability Standards in Education 2005 Parts 3, 4, 5, 6, 7