GKX v Secretary, Department of Education [2024] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKX v Secretary, Department of Education [2024] NSWCATAD 186 Hearing dates: 31 May 2024 Date of orders: 9 July 2024 Decision date: 09 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: (1) The respondent's application for miscellaneous orders (summary dismissal) made on 20 May 2024 is dismissed. (2) The proceeding is to be listed for directions at a date determined by the Registrar. Catchwords: PRACTICE AND PROCEDURE – summary dismissal of proceedings under s55(1)(b) of the Civil and Administrative Act 2013 – whether the applicant's discrimination claims are frivolous or vexatious or otherwise misconceived or lacking in substance HUMAN RIGHTS – discrimination – on the ground of disability – direct discrimination – indirect discrimination - education – denying or limiting access to a benefit – subjecting to a detriment - expulsion Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (Cth) Cases Cited: Catholic Education Office v Clarke [2004] FCAFC 197; 138 FCR 121 CEU v University of Technology Sydney [2017] NSWCATAD 323 Chand v State Rail Authority [2007] NSWADTAP 54 Chand v RailCorp [2011] NSWCA 79 DJH v Secretary, Department of Education; DJI v Secretary, Department of Education [2018] NSWCATAD 31 FLM v State of New South Wales (Department of Education) [2022] NSWCATAD 36 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Margan v University of Technology, Sydney (EOD) [2003] NSWADTAP 65 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Razaghi v Director-General, NSW Department of Health [2002] NSWADT 4 Shaw v Secretary, Department of Education [2021] NSWCATAD 95 Secretary, Department of Education v FSO (obo FSN) [2023] NSWCATAP 160 Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 Secretary, Department of Communities and Justice v Tebb [2020] NSWCATAP 179 Tebb v NSW [2020] NSWCATAD 85 Waters v Public Transport Corporation [1991] HCA 49; (1992) 173 CLR 349 Texts Cited: None Cited Category: Procedural rulings Parties: GKX (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: K Edwards (Respondent)