FSO v Secretary, Department of Education [2024] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FSO v Secretary, Department of Education [2024] NSWCATAP 154 Hearing dates: 1 September 2023 Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member A Lo Surdo SC, Senior Member Decision: (1) Time is not extended for the Appellant to file her Notice of Appeal. (2) The appeal is dismissed. (3) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, other than in any complaint made by the appellant to the Anti-Discrimination Board or the Human Rights Commission, the disclosure of the name of the appellant or any of her children is prohibited. Note: a reference to the name of the appellant and her children includes a reference to any information, picture or other material that identifies the appellant or any of her children or is likely to lead to the identification of the appellant or any of her children. (4) If the respondent seeks an order for costs, the following orders are made: (a) The respondent is to file and serve an application for costs together with supporting submissions within 28 days of the date of this decision, and to address whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (b) If the appellant opposes any application for costs made by the respondent, the appellant is to file and serve any submissions in response within 14 days of receipt of the respondent's submissions, and to address whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (c) Any submissions in reply by the respondent are to be filed and served within 10 days of receipt of the appellant's submissions. Catchwords: HUMAN RIGHTS – discrimination – disability - education Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 FSO (obo FSN) v Secretary, Department of Education [2023] NSWCATAD 15 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Italiano c Carbone [2005] NSWCA 177 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mendonca v Legal Services Commissioner [2020] NSWCA 84 at [43] Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Wootten v Godfrey [2019] NSWCATAP 255 Texts Cited: None cited Category: Principal judgment Parties: FSO (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: C Ronalds SC (Respondent) D E Thomas (Respondent)