Neeson v Director General, Department of Education and Training [2009] NSWADT 292

CITATION: Neeson v Director General, Department of Education and Training [2009] NSWADT 292 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Equal Opportunity Division

APPLICANT Bruce Neeson PARTIES: RESPONDENT Director General, Department of Education and Training

FILE NUMBER: 081077, 081041

HEARING DATES: 15, 16 and 17 September 2009

SUBMISSIONS CLOSED: 17 September 2009

DATE OF DECISION: 25 November 2009

BEFORE: Furness G - Judicial Member; Weule B - Non-Judicial Member; Schneeweiss J - Non-Judicial Member

CATCHWORDS: Discrimination on the grounds of age, disability and victimisation

LEGISLATION CITED : Anti Discrimination Act 1977 Disability Discrimination Act 1992 (Cth)

CASES CITED: Briginshaw v. Briginshaw (1938) 60 CLR 336 Purvis v State of New South Wales (2003) 202 ALR 133

APPLICANT In person REPRESENTATION: RESPONDENT K Nomchong, barrister

ORDERS: The complaints are dismissed

REASONS FOR DECISION

Introduction 1 The applicant made a complaint to the Anti Discrimination Board, (the ADB) which was received on 6 July 2007, alleging age and disability discrimination in the area of employment and victimization against the New South Wales Department of Education and Training (DET). The complaint covered the period January 2006 to the date of lodgement. The part of the complaint which was out of time i.e. from January 2006 to July 2006 was accepted by the ADB on 28 September 2008. The President referred the complaint on 18 April 2008.