Laalaa v Director General, Department of Education and Training (EOD) [2009] NSWADTAP 56

Appeal Panel - Internal

CITATION: Laalaa v Director General, Department of Education and Training (EOD) [2009] NSWADTAP 56

APPELLANT Ahmad Laalaa PARTIES: RESPONDENT Director General, Department of Education and Training

FILE NUMBER: 089084

HEARING DATES: 6 July 2009

SUBMISSIONS CLOSED: 6 July 2009

DATE OF DECISION: 29 September 2009

BEFORE: O'Connor K - DCJ (President); Pritchard S - Judicial Member; Antonios Z - Non-Judicial Member

CATCHWORDS: EQUAL OPPORTUNITY – Racial Discrimination – Victimisation – Complaints Dismissed – Appeal – Procedural Fairness – Non-Admission into Evidence of Covert Recording of Conversations – Fact Finding – Extent of Duty to Give Reasons – Lawfulness of English Language Requirement – Appeal Dismissed – Anti-Discrimination Act 1977, ss 7, 8, 50

DECISION UNDER APPEAL: Laalaa v Director General, NSW Department of Education and Training (No 2) [2008] NSWADT 327

FILE NUMBER UNDER APPEAL: 071072

DATE OF DECISION UNDER APPEAL: 12/08/2008

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Evidence Act 1995 Listening Devices Act 1984

Agbaba v Witter (1977) 51 ALJR 503 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED: Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473 Laalaa v Director General, NSW Department of Education and Training (No 2) [2008] NSWADT 327 Mifsud v Campbell (1991) 21 NSWLR 725 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 State Rail Authority of New South Wales v Earthline Constructions (1999) 160 ALR 588