FSO v Secretary, Department of Education [2023] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FSO v Secretary, Department of Education [2023] NSWCATAD 102 Hearing dates: 16 September 2022 and 13 February 2023 Date of orders: 2 May 2023 Decision date: 02 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: HJ Dixon SC, Senior Member E Hayes, General Member Decision: (1) The application be dismissed. Catchwords: Human Rights – discrimination – disability discrimination – indirect – condition or requirement – denying or limiting access to a benefit – subjecting to detriment – education Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: FLM v State of New South Wales (Department of Education) [2022] NSWCATAD 26 Hautlieu Pty Ltd (T/A) Russell Pathology) v McIntosh [2000] WASCA 146 O'Callaghan v Loder [1983] 3 NSWLR 89 Walker v Victoria [2011] FCA 258 Waters & Ors v Public Transport Corporation (1991) 173 CLR 349 Wright v Commissioner of Police [2014] NSWCATAP 67 Category: Principal judgment Parties: FSO (Applicant) Secretary, Department of Education (Respondent) Representation: Applicant (self-represented)

Counsel: K Lloyd (Respondent)

Solicitors: McCabes Lawyers (Respondent) File Number(s): 2022/00141126 Publication restriction: The publication of the names of the students the subject of this application or referred to in the documentary material lodged in these proceedings is prohibited pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013. Note: A reference to the name of a person includes a reference to any information or other material that identifies the person or is likely to lead to the identification of the person.