FSO (obo FSN) v Secretary, Department of Education [2023] NSWCATAD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FSO (obo FSN) v Secretary, Department of Education [2023] NSWCATAD 15 Hearing dates: 29 June 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Tibbey, Senior Member J Herberte, General Member Decision: (1) The respondent shall, within 30 days of the date of this decision, issue an apology by letter to FSN's parents and to FSN, in such terms as they see fit, for regarding the IEP/PLSP for the second half of 2019 as a "guideline" only that could be varied without agreement with FSN's parents, treating professionals or with FSN and reaffirming their commitment to excellence in the teaching of students with disabilities. (2) The respondent shall ensure that, within a period of 12 months from the date of this decision, teachers at "the school" who teach students with disabilities will undergo formal training in the standards and departmental policies applicable to teaching students with disabilities if they have not already undergone such training. (3) If FSN is, by 13 February 2023, a student in a public school in NSW, then, the respondent shall review by Monday 10 April 2023 whether teachers in that school (including the principal), have undergone adequate training in the standards and departmental policies applicable to teaching students with disabilities and ensure that, if not already undertaken, such training is provided to them as the respondent sees fit, within 6 months of the date of this decision. (4) The respondent shall, within 6 months of the date of this decision, review the extent to which all teachers employed by the respondent in New South Wales have undergone adequate training in the standards and departmental policies applicable to teaching students with disabilities and undertake a program of any necessary training to ensure that teachers (including principals) who are responsible for the education of students with disabilities have undergone training in the standards and departmental policies applicable to teaching students with disabilities. (5) If there is any application for costs, it is to be made within 14 days of publication of this decision, failing which there shall be no order as to the costs of this application. Catchwords: HUMAN RIGHTS - Discrimination - disability – education. Legislation Cited: Anti-Discrimination Act, (NSW) 1977 Cases Cited: Catholic Education Office v Clarke [2004] FCAFC 197; (2004) 138 FCR 121 CEU v University of Technology Sydney [2017] NSWCATAD 323 Hurst v Queensland [2006] FCAFC 100 Sluggett v Human Rights and Equal Opportunities Commission [2022] FCA 987; (2002) 123 FCR 561 Shaw v Secretary, Department of Education [2021] NSWCATAD 95 Walker v Victoria [2011] FCA 258 Waters v Public Transport Corporation [1991] HCA 49; 173 CLR 349 Texts Cited: None cited Category: Principal judgment Parties: FSO (obo FSN) - Applicant NSW Department of Education Representation: Counsel: K Lloyd (Respondent)