Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abela v State of Victoria [2013] FCA 832 Citation: Abela v State of Victoria [2013] FCA 832
Parties: BEAU ABELA (BY HIS NEXT FRIEND LITIGATION GUARDIAN, PETER ABELA) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT)
File numbers: VID 405 of 2011 VID 1102 of 2011
Judge: TRACEY J
Date of judgment: 16 August 2013
Catchwords: HUMAN RIGHTS – Discrimination – disability – educational services – direct discrimination – whether failure to provide reasonable adjustments has the effect that person with disability is treated less favourably – ground not made out – indirect discrimination – whether requirements or conditions imposed upon an aggrieved person are unreasonable – requirements or conditions to be construed broadly – reasonable degree of precision necessary in formulation – requisite precision absent - ground not made out – alleged breach of Disability Standards – no contravention of standards – application dismissed
Legislation: Disability Discrimination Act 1992 (Cth) – ss 4, 5, 6, 11, 22, 31, 32, 34 Disability Discrimination and Other Human Rights Legislation Amendment Act 2008 (Cth) Evidence Act 1995 (Cth) – s 140 Human Rights and Equal Opportunity Commission Act 1986 (Cth) – s 46PH, s 46PO Racial Discrimination Act 1975 (Cth) Commonwealth, Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008, Explanatory Memorandum (2008) 7 Disability Standards for Education 2005 – Parts 3, 4, 5, 6, 7
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