Winter v University of Technology, Sydney [2023] NSWCATAD 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Winter v University of Technology, Sydney [2023] NSWCATAD 223 Hearing dates: 17 July 2023 Date of orders: 21 August 2023 Decision date: 21 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member J Herberte, General Member Decision: The application is dismissed. Catchwords: HUMAN RIGHTS – discrimination – on the ground of a person's disability – direct discrimination - education Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Purvis v State of New South Wales (2003) 217 CLR 92; [2003] HCA 62 Texts Cited: Nil Category: Principal judgment Parties: Paul Winter (Applicant) University of Technology, Sydney (Respondent) Representation: Counsel: L Saunders (Respondent)

Solicitors: Wotton & Kearney (Respondent) Applicant (Self-represented) File Number(s): 2022/00021546 Publication restriction: Nil

REASONS FOR DECISION 1. Mr Winter, the applicant in this proceeding, brought a discrimination claim pursuant to Part 4A the Anti-Discrimination Act (NSW) (the Act) against University of Technology, Sydney (UTS) for withdrawing him from a number of clinical placements in hospitals and ultimately expelling him from the Bachelor of Nursing in 2020. 2. Mr Winter commenced studying for Bachelor of Nursing in 2016. At this time Mr Winter was suffering from central retinal vein occlusion in left eye and indolent follicular non-Hodgkin's lymphoma (together the disabilities). 3. Mr Winter claimed that UTS discriminated against him by determining that he was unable to fulfil the inherent requirements of the Bachelor of Nursing and or finding that he was involved in misconduct because of the disabilities which ultimately led to his exclusion. 4. For the reasons that follow, we have decided that Mr Winter's application that UTS discriminated against him pursuant to ss49L(2)(a) or 49L(2)(b) s49L(2)(c) of the Act is not made out.