Shaw v Secretary Department of Education [2020] NSWCATAD 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw v Secretary Department of Education [2020] NSWCATAD 243 Hearing dates: 11 September 2020 Date of orders: 2 October 2020 Decision date: 02 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Ludlow, Senior Member Decision: Leave is granted for the following complaint to proceed : (a) That the respondent discriminated against Patrick Shaw on the ground of his disability contrary to s 49B(1)(b) of the Anti-Discrimination Act 1977 by requiring him to comply with a requirement or condition, namely to use handwriting in school rather than a laptop. (b) That the respondent discriminated against Patrick Shaw on the ground of his disability contrary to s 49L(2)(c)) of the Anti-Discrimination Act by subjecting him to a detriment, namely a decline in his learning outcomes. Catchwords: EQUAL OPPORTUNITY - application for leave to proceed with complaint – disability discrimination in education – whether nature of complaint has changed – whether amendment permissible – whether fair and just to grant leave to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Prakash v Bobb Borg Enterprises Pty Limited [1999] NSWADT 73 Rodwell v Terrey Hills Golf & Country Club Holdings Ltd trading as Terrey Hills Golf & Country Club [2014] NSWCATAD 34 Texts Cited: None cited Category: Procedural and other rulings Parties: Rebecca Shaw obo Patrick Shaw (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors" Applicant (Self Represented) Respondent (Self Represented) File Number(s): 2020/00223815 Publication restriction: Nil