FRT v NSW Education Standards Authority [2023] NSWCATAD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FRT v NSW Education Standards Authority [2023] NSWCATAD 24 Hearing dates: 30 June 2022 and 1 July 2022 Date of orders: 30 January 2023 Decision date: 30 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member M Maher, General Member Decision: (1) The Minister for Education and Early Learning is joined as a respondent (2) The publication of the names of the applicant and her children is prohibited and the names are to be anonymised. (3) The Applicant's complaint is dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977 Catchwords: HUMAN RIGHTS – Discrimination – grounds of disability – educational authority - direct and indirect discrimination – home schooling – guidelines - denial to 2-year registration - whether differential treatment - comparator – educational authority – administer - services Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education Act 1990 (NSW) Education Standards Authority Act 2013 (NSW) Cases Cited: IW v City of Perth (1997) 191 CLR 1 Turner v State Transit Authority & anor [2004] NSWADT 89 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Category: Principal judgment Parties: FRT (Applicant) NSW Education Standards Authority (First Respondent) Minister for Education and Early Learning (Second Respondent) Representation: Counsel: D Fuller (First and Second Respondent)