New South Wales Teachers Federation v President, Anti-Discrimination Board & anor [2005] NSWADT 153

CITATION: New South Wales Teachers Federation v President, Anti-Discrimination Board & anor [2005] NSWADT 153 DIVISION: Equal Opportunity Division APPLICANT New South Wales Teachers Federation PARTIES: FIRST RESPONDENT President, Anti-Discrimination Board SECOND RESPONDENT State of New South Wales (Department of Education) FILE NUMBER: 041148 HEARING DATES: 18/03/2005 SUBMISSIONS CLOSED: 03/18/2005 DATE OF DECISION: 07/07/2005

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: Jurisdiction MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 LEGISLATION CITED : Anti-Discrimination Act 1977 Interpretation Act 1987 Migration Act 1958 (Cth) Amery & Ors v State of New South Wales (Director-General NSW Department of Education and Training) [2004] NSWCA 404 Amery & Ors v The State of New South Wales (No.2) [2001] NSWADT 187 Anthony Horden and Sons Ltd v The Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Commissioner of Police, NSW Police Service v Mooney (EOD) [2001] NSWADTAP 20 Cooper Brookes (Wollongong) Pty Ltd v FCT (1981) 35 ALR 151 CASES CITED: Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Hong v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 468 Langley v Niland [1981] 2 NSWLR 104 McAuliffe v Puplick (Supreme Court, 1 February 1996, unreported, per Levine J) Mr and Mrs A on behalf of their four children -v- State of New South Wales and Department of Education and Training [2003] NSWADT 71 Walsh and Gabell v Australian Postal Corporation [1997] NSWEOT C Birch, senior counsel P Lowson, counsel