Long v Secretary, Department of Education [2023] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Long v Secretary, Department of Education [2023] NSWCATAP 14 Hearing dates: 9 September 2022 Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member E Bishop SC, Senior Member Decision: The appeal is dismissed Catchwords: APPEAL – anti-discrimination – direct and indirect discrimination – allegation on the ground of sex – altruistic surrogacy leave – maternity leave – biological parent Legislation Cited: Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth) Children Act 1996 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth Sex Discrimination Act 1984 Industrial Relations Act 1988 Government Sector Employment Act 2013 (NSW) Surrogacy Act 2010 (NSW) Teaching Service Act 1980 (NSW) Teachers Handbook Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Christopher Budd v Australian Federal Police [2018] FWCFB 6095 Citta Hobart Pty Ltd v Cawthorne (2022) 98 ALJR 476 Collins v Urban [2014] NSWCATAP 17 Department of Health v Arumugam [1988] VR 319 Long v Secretary, Department of Education [2022] NSWCATAD 131 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Project Blue Sky v ABA (1998) 194 CLR 355 Purvis v New South Wales (2003) 217 CLR 92; [2003] HCA 62 Australian Iron & Steel Pty Limited v Banovic (1989) 168 CLR 165 New South Wales v Amery (2006) 230 CLR 174 Victoria v McKenna [1999] VSC 310 Secretary, Department of Family and Community Services v Smith(2017) 95 NSWLR 597 Category: Principal judgment Parties: Cameron Long (Appellant) Secretary, Department of Education (Respondent) Representation: Counsel: K Edwards (Appellant) C Winnett (Respondent)