Purvis v New South Wales (Department of Education and Training) [2003] HCA 62

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

ALEXANDER PURVIS on behalf of DANIEL HOGGAN APPELLANT

AND

STATE OF NEW SOUTH WALES (DEPARTMENT

OF EDUCATION AND TRAINING) & ANOR RESPONDENTS

Purvis v New South Wales (Department of Education and Training)

[2003] HCA 62

11 November 2003

S423/2002

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

S J Gageler SC with K L Eastman for the appellant (instructed by Legal Aid Commission of New South Wales, Coffs Harbour Regional Office)

M G Sexton SC, Solicitor-General for the State of New South Wales with C A Ronalds for the first respondent (instructed by Crown Solicitor for the State of New South Wales)

J Basten QC for the second respondent (instructed by Human Rights and Equal Opportunity Commission)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth of Australia with M A Perry intervening on behalf of the Attorney-General of the Commonwealth of Australia (instructed by Australian Government Solicitor)

G J Williams intervening on behalf of People with Disabilities (NSW) Inc (instructed by New South Wales Disability Discrimination Legal Centre Inc)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Purvis v New South Wales (Department of Education and Training)

Discrimination law – Disability discrimination – Suspension and subsequent exclusion from school of pupil who repeatedly assaulted teachers and other pupils – Where pupil's behaviour a consequence of brain damage – Whether pupil discriminated against on the ground of disability – Meaning of "disability" – Whether obligation to provide reasonable accommodation or make reasonable adjustments for persons with a disability – Whether treatment of pupil was less favourable than treatment that would be given to a person without the disability in "circumstances that are the same or are not materially different" – Whether comparator is a person who does not engage in violent behaviour – Whether pupil received less favourable treatment "because of" his disability – Disability Discrimination Act 1992 (Cth), s 5(1).