Budd v The University of Sydney [2010] NSWADT 77

CITATION: Budd v The University of Sydney [2010] NSWADT 77

DIVISION: Equal Opportunity Division

APPLICANT Pamela Budd PARTIES: RESPONDENT University of Sydney

FILE NUMBER: 081132

HEARING DATES: 28 October 2009

SUBMISSIONS CLOSED: 9 November 2009

DATE OF DECISION: 23 March 2010

BEFORE: Rice S - Judicial Member; Hayes E - Non-Judicial Member; Monaghan-Nagle L - Non-Judicial Member

CATCHWORDS: Disability, education, admission as a student, requirement, reasonableness

Age Discrimination Act 2004 (Cth) Disability Discrimination Act 1992 (Cth) Sex Discrimination Act 2004 (Cth) LEGISLATION CITED : Anti-Discrimination Act 1977 (NSW) Anti-Discrimination Act 1991 (Qld) Anti-Discrimination Act (NT) Discrimination Act 1991 (ACT) Equal Opportunity Act 1995 (Vic)

CASES CITED: Waters v. Public Transport Corporation [1991] HCA 49 at [15]; (1992) 173 CLR 349 Woods v Wollongong City Council [1986] EOC 92-174

APPLICANT C Spruce, barrister REPRESENTATION: RESPONDENT K Eastman, barrister

ORDERS: The whole of the complaint is dismissed.

REASONS FOR DECISION

1 For the reasons given below, the complaint is dismissed. That means that Ms Budd has been unsuccessful in her complaint of discrimination.

REASONS FOR DECISION

Background

2 Ms Budd has a number of disabilities. She suffers 'chronic psychiatric handicaps', including severe agoraphobia, panic disorder, social anxiety disorder, situational phobia, depression, (reports: Mr Ilan Cohen 2 March 2009, Dr Peter Krug 12 September 2005, Mr Hugo Rodriguez 14 February 2005, 13 March 2007 and 19 April 2007; letter: Dr L Goodman 3 July 2006).