Demmery -V- N S W Department Of School Education [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Demmery -V- N S W Department Of School Education [1997] NSWEOT

COMPLAINANT: Peter Demmery and Ruth Demmery on behalf of their son, Luke Demmery

RESPONDENT: NSW Department of School Education

NUMBER: 111 of 1996

Mr Graham Ireland ( Judicial Member ) TRIBUNAL: Ms Laura Mooney Mr Owen MacDonald OAM

GROUNDS OF COMPLAINT: Disability in the area of Education

DATES OF HEARING: 03/20/1997; 03/21/1997; 04/21/1997; 04/22/1997; 04/23/1997 DATE OF JUDGMENT: 11/26/1997

Complainant: Mr P Batley Legal Aid NSW (Solicitors)

LEGAL REPRESENTATIVES: Respondent: Ms M Kelly Crown Solicitor's Office (Solicitor) Mr S Benson (Counsel)

JUDGMENT IN FAVOUR OF:

The Tribunal has inquired into a complaint of discrimination made on behalf of Luke Demmery by his parents, Ruth Demmery and Peter Demmery, against the Respondent. The complaint was referred to the Tribunal by the President of the Anti-Discrimination Board, pursuant to s 94(1) of the Anti-Discrimination Act 1977 (the Act). GENERAL BACKGROUND

Luke Demmery was born on 26 March 1986 and at the time of the commencement of the inquiry by Tribunal, was aged 10 years. He is profoundly deaf. He was diagnosed as having severe hearing loss when he was about twelve months of age. His degree of hearing loss increased after the original diagnosis. He has had profound hearing loss since he was about 18 months old. There is no dispute that his degree of hearing loss is a disability within the meaning of the definition of disability in the Act