Secretary, Department of Education v FSO (obo FSN) [2023] NSWCATAP 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Secretary, Department of Education v FSO (obo FSN) [2023] NSWCATAP 160 Hearing dates: 12 May 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Appeal Panel Before: A Balla ADCJ, Principal Member Dr Dubler SC, Senior Member Decision: 1. Grant leave to amend Notice of Appeal 2. Grant leave to the Appellant to appeal pursuant to s 80(2)(b) of the NCAT Act. 3. The Orders made by the Tribunal are set aside. 4. The Complaint is remitted to the Tribunal for re-hearing. Catchwords: ADMINISTRATIVE LAW - discrimination – disability discrimination – indirect – condition or requirement – denying or limiting access to a benefit – subjecting to detriment – education Legislation Cited: Anti-Discrimination Act 1977, ss 4A, 49B, 49L, 93A, 108 Civil & Administrative Tribunal Act, 2013, ss 32, 53, 62, 80, 82 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Driclad Pty Ltd v Commissioner of Taxation (Cth) (1968) 121 CLR 45 Hossain v Minister for Immigration [2018] HCA 34 CEU v University of Technology Sydney [2017] NSWCATAD 323 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Minister for Immigration and Multicultural Affairs v Wang [2003] 215 CLR 518; [2003] HCA 11 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Seltsam Pty Limited v Ghaleb [2005] NSWCA 208 Sydney RV Group Pty Ltd v Mark Anthony Vallender [2021] NSWCATAP 125 TriCare (Hastings) Limited v Allen [2015] NSWCA 344 Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147 Wang & Liu v State of New South Wales [2011] NSWCA 321 ZOB v The University of Newcastle [2017] NSWCATAP 70 Shaw v Secretary, Department of Education [2023] NSWCATAD 102 Texts Cited: None cited Category: Principal judgment Parties: Secretary, Department of Education (Appellant) FSO (Respondent) Representation: Counsel: C Ronalds AO SC (Appellant) D E Thomas (Appellant)