A on behalf of V & A -V- New South Wales Department of Education [1998] NSWEOD

Equal Opportunity Division of New South Wales

CITATION: A on behalf of V & A -V- New South Wales Department of Education [1998] NSWEOD

COMPLAINANT: A on behalf of V & A

RESPONDENT: New South Wales Department of Education

NUMBER: 109 of 1998

Judge H G Murrell ( Senior Judicial Member ) TRIBUNAL: L Mooney O McDonald O.A.M.

GROUNDS OF COMPLAINT: Race discrimination in education

DATES OF HEARING: 11/06/1998 DATE OF JUDGMENT: 11/06/1998

Complainant: Ms A. Tibbey Legal Aid Commission (Solicitor) LEGAL REPRESENTATIVES: Respondent: Mr M Lynch of Counsel

JUDGMENT IN FAVOUR OF: Complainant

Summary

Background

1. The respondent sought a non-publication direction on the basis that publication might lead to irresponsible media coverage and commentary, which might cause distress to minority groups.

Held

2. The application should be refused because the public was entitled to be informed about the proceedings.

ADMINISTRATIVE DECISIONS TRIBUNAL OF NEW SOUTH WALES (EQUAL OPPORTUNITY DIVISION)

NO. 109 of 1998

A obo V & A -v- NEW SOUTH WALES DEPARTMENT OF EDUCATION

APPLICATION FOR A SECTION 110A(1)(a) NON-PUBLICATION DIRECTION

1. Pursuant to section 110A(1)(a) of the Anti-Discrimination Act 1977 , the respondent seeks an order prohibiting the publication or broadcasting of a report of the proceedings or evidence given to the Tribunal. The complainant opposes the making of such an order.

2. The respondent argues that such an order should be made because it is in the public interest. The respondent contends that the publication or broadcasting of the inquiry may lead to irresponsible media coverage and commentary, and may result in distress to minority groups.