Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455

FEDERAL COURT OF AUSTRALIA

Connor v State of Queensland (Department of Education and Training) (No 3) [2020] FCA 455 File number: NSD 875 of 2017

Judge: RANGIAH J

Date of judgment: 9 April 2020

Catchwords: HUMAN RIGHTS – Disability discrimination in education – where school suspended, physically restrained and secluded student who exhibited disruptive and violent behaviour – where behaviour was consequence of disability – whether treatment of student less favourable than treatment of a non-disabled student in the same circumstances – whether student was discriminated against by limiting access to benefits, subjecting student to detriment and failing to provide student with reasonable adjustments – allegations of discrimination not made out – application dismissed

Legislation: Disability Discrimination Act 1992 (Cth) ss 4, 5, 10, 11, 22(2), 29A, 34 and 45(1) Disability Discrimination and other Human Rights Legislation Amendment Act 2009 (Cth) Evidence Act 1995 (Cth) ss 64(2) and 140

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Kiefel v State of Victoria [2013] FCA 1398 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 Purvis v New South Wales (2003) 217 CLR 92 Qantas Airways Ltd v Gama (2008) 167 FCR 537 Sklavos v Australian College of Dermatologists (2017) 256 FCR 247 Tropoulos v Journey Lawyers Pty Ltd [2019] FCA 436 Varasdi v State of Victoria [2018] FCA 1655 Walker v State of Victoria [2011] FCA 258 Walker v State of Victoria [2012] FCAFC 38 Watts v Australian Postal Corporation [2014] FCA 370