Sievwright v State of Victoria [2012] FCA 118

FEDERAL COURT OF AUSTRALIA

Sievwright v State of Victoria [2012] FCA 118 Citation: Sievwright v State of Victoria [2012] FCA 118

Parties: JADE SIEVWRIGHT (BY HER NEXT FRIEND, ANNE WITCOMBE) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING)

File number: VID 803 of 2009

Judge: MARSHALL J

Date of judgment: 21 February 2012

Catchwords: HUMAN RIGHTS – discrimination – education - child with an intellectual disability – alleged direct and indirect discrimination by educational authority – whether 'requirement or condition' is pleaded with sufficient precision to ground a finding of indirect discrimination – alleged breach of the Disability Standards – alleged breach of Education Training and Reform Act 2006 (Vic) – allegations not made out – dismissed

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Disability Discrimination Act 1992 (Cth) ss 5, 6, 22 Disability Standards for Education 2005 (Cth) Parts 3, 4, 5, 6, 7 Education and Training Reform Act 2006 (Vic) ss 1.1, 1.2, 2.1 Judiciary Act 1903 (Cth) s 78B

Cases cited: Catholic Education Office v Clarke (2004) 138 FCR 121 Victoria v Schou (2001) 3 VR 655 Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531 Waters v Public Transport Corporation (1991) 173 CLR 349 Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Walker v State of Victoria [2011] FCA 258 Hurst v Queensland (2006) 151 FCR 562 Devers v Kindilan Society [2009] FCA 1392 Devers v Kindilan Society [2010] FCAFC 72 Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92 State of Victoria v Schou (No 2) (2004) 8 VR 120 Re AEU; ex parte Victoria (1995) 184 CLR 188