FP and FQ on behalf of FR -v- Department of Education and Training; FP -v- Department of Education and Training [2003] NSWADT 68

Set aside by Appeal : Set Aside on Appeal 6 November 2003 (Director General, Department of Education & Training v FP and FQ on behalf of FR (EOD) [2003] NSWADTAP 51

CITATION: FP and FQ on behalf of FR -v- Department of Education and Training; FP -v- Department of Education and Training [2003] NSWADT 68 DIVISION: Equal Opportunity Division APPLICANT 1: FP and FQ on behalf of FR PARTIES: APPLICANT 2: FP RESPONDENT: Department of Education and Training FILE NUMBER: 1. 011067; 2. 011022 HEARING DATES: 09/09/2002 - 11/09/2002, 13/11/2002 - 15/11/2002 SUBMISSIONS CLOSED: 11/15/2002 DATE OF DECISION: 04/17/2003

BEFORE: Rice S - Judicial Member; Lau L - Member; Taksa L - Member APPLICATION: Race Discrimination - Education - Victimisation MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 CASES CITED: Wollongong City Council -v- Bonella & ors and Bonella & ors -v- Wollongong City Council (EOD) [2002] NSWADTAP 26 Peck v Commissioner of Corrective Services [2002] NSWADT 122 APPLICANT REPRESENTATION: G Meadows, solicitor RESPONDENT T Lynch, barrister ORDERS: 1. In matter number 011067 the complaint of FP and FQ on behalf of FR having been substantiated, the respondent is to pay the sum of $10,000 by way of compensation for loss and damage; 2. In matter number 011067, pursuant to s114(2) the applicants FP and FQ on behalf of FR shall pay the reasonable costs of the respondent on a party-party basis, relating to ; i. the costs thrown away for the listed hearing date of 11 September 2002 and ; ii. preparation of evidence in response to fresh evidence from the applicant advised to the respondent on and after 10 September 2002, in a sum to be agreed between the parties within 60 days of the making of these orders, failing which the costs to be paid will be assessed in accordance with the provisions of Division 6 of Part 11 of the Legal Profession Act 1987; 3. In matter number 011022 the complaint of FP, not having been substantiated, is dismissed pursuant to s113(1)(a).