A v Director-General, Department Education and Training [2008] NSWSC 1091

New South Wales Supreme Court

CITATION : A v Director-General, Department Education and Training [2008] NSWSC 1091

HEARING DATE(S) : 28 April 2008

JUDGMENT DATE : 17 October 2008

JURISDICTION : Administrative Law List

JUDGMENT OF : Harrison J

DECISION : 1. The decision of the Appeal Panel dated 13 September 2007 is affirmed. 2. The proceedings are otherwise dismissed.

CATCHWORDS : ADMINISTRATIVE LAW – appeal from the decision of the Administrative Decisions Tribunal of New South Wales Appeal Panel – questions of law – whether error of law – plaintiffs pupils at a state primary school – complaints that teachers discriminated against plaintiffs and failed to prevent racist remarks by other pupils - allegations of racial discrimination by an educational authority on ground of race contrary to ss 7 and 17 of the Anti-Discrimination Act 1977 – no error of law demonstrated – proceedings dismissed

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977

CATEGORY : Principal judgment

Amery v State of New South Wales (Director-General NSW Department of Education and Training) [2004] NSWCA 404 Australian Iron and Steel Pty Ltd v Banovic [1989] HCA 56; (1989) 168 CLR 165 Catholic Education Office v Clarke [2004] FCAFC 197; (2004) 138 FCR 121 Clarke v Catholic Education Office [2003] FCA 1085; (2003) 202 ALR 340 Director General, Department of Education and Training v ZG [2007] NSWADTAP 50 CASES CITED : Gales Holdings Pty Ltd v Minister for Infrastructure and Planning [2006] NSWCA 388 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247; (1999) 90 FCR 287 State of New South Wales v Amery [2006] HCA 14; (2006) 230 CLR 174 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 ZG v Director General, NSW Department of Education and Training [2006] NSWADT 344