Crook -V- Director General, Department Of School Education [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Crook -V- Director General, Department Of School Education [1998] NSWEOT

COMPLAINANT: David Crook

RESPONDENT: Director-General, NSW Department of School Education

NUMBER: 49 of 1997

TRIBUNAL: Mr Simon Rice ( Judicial Member )

GROUNDS OF COMPLAINT: Homosexual discrimination in employment and victimisation

DATES OF HEARING: 01/19/1998 DATE OF JUDGMENT: 01/23/1998

Complainant: Self -represented

LEGAL REPRESENTATIVES: Respondent: Mr A Mullen Crown Solicitor's Office (Solicitors)

JUDGMENT IN FAVOUR OF:

1. BACKGROUND

Issue of summons to produce documents 100. This matter is listed for a full hearing of the complaint commencing on 9 February 1998. Directions have been made on a number of occasions for the parties to prepare for the hearing.

101. On 21 November 1997 a summons for the production of documents was issued by the Senior Judicial Member of the Tribunal, Judge Murrell, at the request of the complainant, Mr Crook. The summons was directed to the Crown Solicitor, and required production on 19 December 1997 of:

"1. Complete discipline records of students Lana Skein, Megan Burtz, Dani Rowe including welfare committee references, suspensions, letters to parents, records of discipline system references, etc.

"2. HSC results of all Batlow students since 1985 to present

"3. All high school English marks in 1995 Contemporary English (yr 12) students since Yr 7."

102. On 19 December 1997 the parties appeared before the Senior Judicial Member. Mr Crook appeared unrepresented and Mr Mullen, Solicitor, appeared for the Respondent.