Majoor v Macquarie University [2021] NSWCATAD 359

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Majoor v Macquarie University [2021] NSWCATAD 359 Hearing dates: 5 October 2021 Date of orders: 02 December 2021 Decision date: 02 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: H J Dixon SC, Senior Member Dr M Murray, General Member Decision: The Applicant's claim is dismissed Catchwords: ANTI-DISCRIMINATION – indirect – suitable adjustments – ss 49B(1)(b), 49L(2), 49L(4), 49L(5) – victimisation - s50 of Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Court v University of Wollongong [2015] NSWCATAD 249 Category: Principal judgment Parties: Amicus Majoor (Applicant) Macquarie University (Respondent) Representation: Applicant (Self-represented)

Solicitors: Bartier Perry (Respondent) File Number(s): 20201/00120685 Publication restriction: Nil

REASON FOR DECISION

Introduction 1. The Applicant, a first-year student of a Bachelor of IT (Cyber Security) during 2020 at the Respondent (the University) was diagnosed early in the year with a long-term medical condition which impacted adversely on his ability to attend and undertake practical work on campus. As a result of the situation, he sought from the University some accommodation or adjustment to course requirements to enable him to continue his studies. He was dissatisfied with the University's responses. 2. On 3 October 2020, he made a complaint to the Anti-Discrimination Board under the NSW Anti-Discrimination Act 1977 (the Discrimination Act) alleging unlawful discrimination on the ground of disability in the area of education and unlawful victimisation by the University. 3. The President of the Anti-Discrimination Board decided to refer the Applicant's complaints to the Tribunal for a public hearing under s 93C(b) of the Discrimination Act.