van Royden v University of Sydney [2022] NSWCATAD 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: van Royden v University of Sydney [2022] NSWCATAD 244 Hearing dates: 19 January 2022 Date of orders: 21 July 2022 Decision date: 21 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: Leave for the complaint against the University of Sydney to proceed is refused. Catchwords: HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 Category: Principal judgment Parties: Rodney Van Royden (Applicant) University of Sydney (Respondent) Representation: Solicitors: Applicant (Self Represented) Office of General Counsel, USYD (Respondent) File Number(s): 2021/00319449 Publication restriction: None

REASONS FOR DECISION 1. Mr Rodney van Royden has been a student at the University of Sydney (the University), enrolled in a Master of Laws program since Semester 2, 2019. Mr van Royden alleges that he has been unable to seek academic adjustments because of his disability through the university. He alleges that he was required to waive some of his rights concerning medical information before the University would allow him to register with its inclusion and disability services. Mr van Royden contends that this constitutes discrimination on the basis of disability in respect of education. 2. The complaint was received by the President at Anti-Discrimination New South Wales ('the President') on 9 August 2001 from Mr van Royden. The President accepted the complaint for investigation. The investigation revealed that the complaint was lacking in substance and dismissed it. Mr van Royden now seeks leave to proceed with his complaint.