Jenkins v Secretary, Department of Education [2021] NSWCATAD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jenkins v Secretary, Department of Education [2021] NSWCATAD 185 Hearing dates: 10 March 2021 Date of orders: 06 July 2021 Decision date: 06 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: (1) Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaint against the Secretary, Department of Education to proceed. Catchwords: HUMAN RIGHTS — discrimination — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Teaching Service Act 1980 (NSW) Cases Cited: Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCA 388 Langley v Niland [1981] 2 NSWLR 104 Laycock v Commissioner of Police, NSW Police [2006] NSWADT 261 Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92; [2003] HCA 62 Wecker v The Delegate (the decision maker) to the President of the NSW Anti-Discrimination Board [2014] NSWCA 372 Texts Cited: None cited Category: Procedural rulings Parties: Philip Jenkins (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Applicant (self-represented) Wotton and Kearney (Respondent) File Number(s): 2021/00030980 Publication restriction: Nil