Shakespeare v Director-General, New South Wales Department of Education and Communities [2012] NSWADT 105

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Shakespeare v Director-General, New South Wales Department of Education and Communities [2012] NSWADT 105 Hearing dates: 7 and 8 March 2012 Decision date: 31 May 2012 Jurisdiction: Equal Opportunity Division Before: M Chesterman, Deputy President D Kelleghan, Non-judicial Member J Newman, Non-judicial Member Decision: The application is dismissed Catchwords: Discrimination on ground of disability - discrimination against employee - direct discrimination - indirect discrimination Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Gardiner v Workcover Authority of New South Wales (EOD) [2004] NSWADTAP 1 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v State of New South Wales (2003) 217 CLR 92 Category: Principal judgment Parties: Madison Shakespeare (Applicant) Director-General, New South Wales Department of Education and Communities (Respondent) Representation: Counsel E Cohen (Applicant) E Brus (Respondent) Crown Solicitor (Respondent) File Number(s): 111039 Publication restriction: Section 75 of the Administrative Decisions Tribunal Act applies in respect of student names noted in the transcript.

decision 1(M CHESTERMAN (DEPUTY PRESIDENT), D KELLEGHAN (NON-JUDICIAL MEMBER), J NEWMAN (NON-JUDICIAL MEMBER): In this case, which we heard on 7 and 8 March 2012, the Applicant, Ms Madison Shakespeare, claimed damages from the Respondent, the Director-General of the NSW Department of Education & Communities, for unlawful discrimination under the Anti-Discrimination Act 1977 ('the Act'). 2In circumstances outlined below, Ms Shakespeare was employed by the Respondent as a teacher at Burwood Girls High School ('the School'). The persons whom she claimed to have been responsible for the discriminatory conduct alleged by her were also employees of the Respondent. 3At the hearing, Ms Cohen of counsel appeared for Ms Shakespeare and Ms Brus of counsel appeared for the Respondent.