Thiab v Western Sydney University [2022] NSWSC 760

Supreme Court New South Wales

Medium Neutral Citation: Thiab v Western Sydney University [2022] NSWSC 760 Hearing dates: 16 May 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Equity Before: Parker J Decision: See [168]-[174] Catchwords: HUMAN RIGHTS – political discrimination – university statute prohibits denial of progression within university because of students' religious or political affiliations, views or beliefs – university nursing degree requires students to complete clinical placements approved by university – student expresses scepticism about safety of Covid-19 vaccination – university cancels student's clinical placements – internal university disciplinary tribunal makes reinstatement of placements conditional on student making written acknowledgement of unprofessional conduct – whether discrimination "because of" student's views or beliefs about Covid-19 vaccination – Nursing and Midwifery Board of Australia Code of Conduct – whether student's views or beliefs about Covid-19 vaccination are "religious or political" Legislation Cited: Cambridge University Act 1856 (19 & 20 Vict c 88) Equal Opportunity Act 1984 (Vic), s 21 Extradition Act 1870 (33 & 34 Vict c 52) Macquarie University Act 1989, ss 24, 25 Oxford University Act 1854 (17 & 18 Vict c 81) Supreme Court Act 1970, s 69 University and University Colleges Act 1900, s 18 University of New South Wales Act 1989, ss 23, 24 University of Sydney Act 1850, s 20 University of Sydney Act 1989, ss 31, 32 Universities Test Act 1871 (34 & 35 Vict c 26) Western Sydney University Act 1997, ss 5, 6, 22, 35, 36, 40 Cases Cited: Alajmi v Macquarie University [2019] NSWSC 1026 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (No 1) (2012) 248 CLR 500 Cheng v Governor of Pentonville Prison [1973] AC 931 Clark v University of Lincolnshire and Humberside [2001] 1 WLR 1988 Clubb v Edwards (2019) 267 CLR 171 Griffith University v Tang (2005) 221 CLR 99 Nestle Australia Ltd v Equal Opportunity Board [1990] VR 805 Palko v Connecticut, 302 U.S. 319 (1937) Ridd v James Cook University [2021] HCA 32 Toben v Jones (2003) 129 FCR 515 Texts Cited: Dicey, A V, Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century, ed Richard VandeWetering (Liberty Fund, 2008) Heydon, J D, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (LexisNexis Butterworths, 5th ed, 2015) Popper, K, Conjectures and Refutations: The Growth of Scientific Knowledge (Routledge, 2nd ed, 2002) Priestland, D, The Red Flag: A History of Communism (Grove Press, 2009) Category: Principal judgment Parties: Nera Thiab (Plaintiff) Western Sydney University (First Defendant) Leanne Hunt (Second Defendant) Representation: Counsel: M Mando (Plaintiff) SJ Walsh (Defendants)