FVN v Secretary, Department of Education [2023] NSWCATAD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVN v Secretary, Department of Education [2023] NSWCATAD 122 Hearing dates: 18 July 2022 Date of orders: 24 May 2023 Decision date: 24 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member K Stubbs, General Member Decision: 1 The publication of the names of the applicant and her children is prohibited and the names are to be anonymised. 2 The applicant's complaints are dismissed pursuant to s 108(1)(a) of the Anti-Discrimination Act 1977 Catchwords: HUMAN RIGHTS – Discrimination – grounds of disability –direct and indirect discrimination – home assistance – guidelines - whether differential treatment - comparator –– services Legislation Cited: Education Act 1990 (NSW) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: IW v City of Perth (1997) 191 CLR 1 Category: Principal judgment Parties: [Anonymised] (applicant) Secretary, Department of Education (respondent) Representation: Counsel: V Bulut (respondent)

Solicitors: Peter Vogel Legal (applicant) Kingston Reid (respondent) File Number(s): 2022/00033001 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the disclosure, publication or broadcast of the names of the applicant, her children and photographs of her children is prohibited.