GKY v University of NSW (No 2) [2024] NSWCATAD 312

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKY v University of NSW (No 2) [2024] NSWCATAD 312 Hearing dates: 21 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: Application for a stay or interim order made on 30 September 2024 is dismissed. Catchwords: HUMAN RIGHTS – discrimination – race – victimisation – in education CIVIL PROCEDURE – interlocutory application – stay – to preserve status quo between the parties to the complaint. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57. Dhillon v Rail Corporation of NSW EOD [2009] NSWADTAP 63 Texts Cited: Nil Category: Procedural rulings Parties: GKY (Applicant) University of New South Wales (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): 2024/00113296 Publication restriction: With the exception of expert witnesses and officers of the respondent, the publication or broadcast of the name of any person mentioned or otherwise involved in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013

REASONS FOR DECISION 1. On 27 October 2023 the applicant lodged a complaint with the Anti-Discrimination Board of New South Wales (ADB) alleging discrimination in education and the provision of goods and services on the grounds of race and victimisation. On 30 September 2024 The applicant made an application for a stay or interim order ("the Application") pursuant to section 105(1)(a) of the Anti-Discrimination Act 1977 ("the Act"). On 1 October 2024, I made orders for the parties to file and evidence and submissions and set the matter down for hearing on 21 October 2024. 2. The Application sets out two orders sought by the applicant: The first order was that the respondent be prevented from unlawfully terminating her candidature in the 1273 Creative Practice Program in the School of Arts And Media. 3. The second order sought that the applicant be returned to the circumstances she was in before the alleged contraventions of the Act; that is, enrolment in the Commonwealth Research Training Program ("RTP") that the respondent immediately give her access to full benefits of the paid sick leave entitlements which is 60 working days, pays her $6 194.63 and that the respondent grants her an extension of her program leave and research training program scholarship. 4. The ground for the application is that the respondent has placed her on an enforced program leave since December 2022. As such she is prevented from re-enrolling in her PhD candidature which is funded by the Commonwealth. She is unable to access her RTP scholarship and its entitlements including paid sick leave.