VN on behalf of VO v Office of the Board of Studies NSW [2006] NSWADT 106

CITATION: VN on behalf of VO v Office of the Board of Studies NSW [2006] NSWADT 106

DIVISION: Equal Opportunity Division

APPLICANT PARTIES: VN on behalf of VO RESPONDENT Office of the Board of Studies NSW

FILE NUMBER: 051146

HEARING DATES: 13/03/06-14/03/06

SUBMISSIONS CLOSED: 03/21/2006

DATE OF DECISION: 04/11/2006

BEFORE: Rice S - Judicial Member; Hayes E - Non Judicial Member; O'Sullivan M - Non Judicial Member

CATCHWORDS: Race Discrimination - Goods and Services

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Education Act 1990

Commissioner of Police, NSW Police Service v Estate Edward John Russell & ors [2001] NSWSC 745 CASES CITED: Director General, Department of Education & Training v FP and FQ on behalf of FR (EOD) [2003] NSWADTAP 51 Purvis v New South Wales (Department of Education and Training) [2003] HCA 62

APPLICANT In person REPRESENTATION: RESPONDENT C Ronalds, SC

ORDERS: That the complaint be dismissed.

REASONS FOR DECISION Non-disclosure order 1 A 'non-disclosure' order has been made under s75(2)(b)(i) of the Administrative Decisions Tribunal Act. That order remains in force. The order prohibits the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, each of the applicant, her son, and the school at which her son is enrolled. Further, the order prohibits the doing of any other thing that identifies, or may lead to the identification of, each of the applicant, her son, and the school at which her son is enrolled. Decision 2 For the reasons we give below, the complaint is dismissed. This means that the applicant is unsuccessful in her complaint. Undertaking languages other than English for the Higher School Certificate 3 Subjects that are studied and examined – for which we use the word 'undertaken' – for the NSW Higher School Certificate are developed and endorsed by the NSW Board of Studies (s102 Education Act). The Board determines a range of levels and courses in which students may undertake different subjects.