Amponsem v Anglican Schools Corporation [2024] NSWCATAD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amponsem v Anglican Schools Corporation [2024] NSWCATAD 194 Hearing dates: 25 June 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P Roney KC, Senior Member K Stubbs, General Member Decision: (1) The Applicant's complaint of racial discrimination is upheld. (2) To the extent necessary we order that the applicant be substituted as the identified applicant in this matter in lieu of her mother as applicant on her behalf. Catchwords: ANTI-DISCRIMINATION – RACE DISCRIMINATION – where questions directed to and comments made about a student of Ghanian heritage at a high school by the school principal in the presence of other student leaders was racial discrimination- whether conduct constitutes treating the student less favourably than a person of a different race and subjecting the student to other detriment- whether to order a refund of school fees-whether to order an apology. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Anti-Discrimination Act 1991 (QLD) Equal Opportunity Act 2010 (Vic) Racial Discrimination Act 1975 (Cth) Cases Cited: Aitken v State of Victoria – Department of Education & Early Childhood Development [2012] VCAT 1547 Al Abody v Director of Housing (Human Rights) [2017] VCAT 431 ASQ v Harcourts Rata and Co Pty Ltd [2022] VCAT 139 Bailey v Australian National University (1995) EOC 92-744 Bogie v University of Western Sydney (1990) EOC 92-313 Dalla Costa v. The ACT Department of Health (1994) EOC 92-633 Damiano v Wilkinson [2004] FMCA 891 Edgley v Federal Capital Press of Australia [2001] FCA 379 Haines v Levies (1987) 8 NSWLR 442 Jemal v ISS Facility Services Pty Ltd (Human Rights) [2015] VCAT 103 Kuyken v Lay (Human Rights) [2013] VCAT 1972 Lewin v ACT Health & Community Care Services [2002] ACTDT 2 NC v Queensland Corrective Services Commission [1997] QADT 22 Prezzi, Patricia Anne and Discrimination Commissioner [1996] ACTAAT 132. Sinopoli v Harrison (Human Rights) [2017] VCAT 355 Sivanathan v Commissioner of Police (NSW) (2001) NSWADT 44 Slattery v Manningham CC (Human Rights) [2013] VCAT 1869 Tsikos v Austin Health [2022] VSC 174 Wotton v Queensland [No 5] (2016) 352 ALR 146 Texts Cited: None cited Category: Principal judgment Parties: Nyah Amponsem (Applicant) Anglican Schools Corporation (Respondent) Representation: Applicant (Self-Represented) Wotton and Kearney (Respondent) File Number(s): 2024/00066874 Publication restriction: Nil