FLM v State of New South Wales (Department of Education) [2022] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLM v State of New South Wales (Department of Education) [2022] NSWCATAD 36 Hearing dates: 26 - 27 November 2020, 10-11 February 2021, final submissions received 14 May 2021 Date of orders: 01 February 2022 Decision date: 01 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Dr M K Murray, General Member Decision: (1) The Applicant's complaint that the Respondent indirectly discriminated against FLN within the meaning of s 49B(1)(b) by subjecting him to any other detriment within the meaning of s49L(2)(c) of the Anti-Discrimination Act 1977, by failing to provide him with an SLSO from February to late April/early May 2015, is upheld. (2) The Tribunal dismisses the remainder of the Applicant's complaint. (3) The Respondent is to pay the Applicant $2,500 in damages pursuant to s108(2)(a) and 108(5) of the Anti-Discrimination Act 1977, within 28 days. Catchwords: HUMAN RIGHTS – Discrimination – disability discrimination – indirect – condition or requirement – denying or limiting access to a benefit – subjecting to detriment – evidence – damages PRACTICE AND PROCEDURE – breach of orders – non-production Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Disability Discrimination Act 1992 (Cth) Education Act 1990 Cases Cited: Alexander v Home Office [1998] 1 WLR 968 Bonella v Wollongong City Council [2001] NSWADT 194 Caton v Richmond Club Limited [2003] NSWADT 202 Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112 Chinchen v NSW Department of Education and Training [2006] NSWADT 180 Clarke v Catholic Education Office & Anor [2003] FCA 1085 Dunn-Dyer v ANZ Banking Group Ltd [1997] HREOCA 52 Franks v Marco's Italian Gourmet Cafe Pty Ltd & Anor [2004] NSWADT 87 Hall v A & A Sheiban Pty Ltd [1989] FCA 72; (1989) 20 FCR 217 McBride v Victoria (No 1) [2003] FMCA 285 Purvis v New South Wales (Department of Education and Training) [2003] HCA 62; (2003) 202 ALR 133 Re Rummery and Federal Privacy Commissioner [2004] AATA 1221; (2004) 85 ALD 368 Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 Sheils v James [2000] FMCA 2 Sidhu v Raptis [2012] FMCA 338 Ware v OAMPS Insurance Brokers Ltd [2005] FMCA 664 Waters v Public Transport Corporation (1991) 173 CLR 349 Whiteoak v State of New South Wales [2014] NSWCATAD 45 Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 107 Category: Principal judgment Parties: FLM (Applicant) State of New South Wales (Department of Education) (Respondent) Representation: Counsel: J Thompson (Respondent)