FSO v Secretary, Department of Education [2024] NSWCATAD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FSO v Secretary, Department of Education [2024] NSWCATAD 82 Hearing dates: 31 October 2023; 17 November 2023 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: G Sarginson, Senior Member Decision: (1) The respondent's application for miscellaneous orders (summary dismissal) is dismissed. (2) The proceedings are to be listed before the Tribunal for a procedural directions hearing at a date to be allocated by the Tribunal Registry, with a view to setting the proceedings down for final hearing and making any further appropriate procedural directions. Catchwords: PRACTICE AND PROCDURE---Summary dismissal of proceedings---Whether proceedings are frivolous, vexatious, misconceived or lacking in substance HUMAN RIGHTS---Discrimination---Disability---Education---Denying or limiting access to a benefit---Subjecting to a detriment Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (C'th). Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 BTH v The Public Guardian [2017] NSWCATAP 10 Burns v Sunol [2015] NSWCATCD 178 FLM v State of NSW (Department of Education) [2022] NSWCATAD 36 FSO v Secretary, Department of Education [2023] NSWCATAD 102 Seventh-Day Adventist Church (North NSW Conference) Limited v Seupele-Feau ZDB v University of Newcastle [2017] NSWCATAP 70 Texts Cited: None cited Category: Procedural rulings Parties: FSO (Applicant) Secretary, Department of Education (Respondent) Representation: Applicant (Self-Represented) McCabes Lawyers (Respondent) File Number(s): 2023/00138832 Publication restriction: The publication or broadcast of the name of the applicant or her children is prohibited in Case Number 2023/00138832, on the condition that the name(s) can be disclosed in any complaints made to the Anti-Discrimination Board or Human Rights Commission