ALI on behalf of ALJ & ALK v NSW Department of Education & Communities [2012] NSWADT 174

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ALI on behalf of ALJ & ALK v NSW Department of Education & Communities [2012] NSWADT 174 Hearing dates: 30 March 2012 Decision date: 28 August 2012 Jurisdiction: Equal Opportunity Division Before: J Conley, Judicial Member Decision: The complaint is dismissed pursuant to section 102 of the Anti-Discrimination Act 1977 (NSW) Catchwords: Application for dismissal; Race discrimination; Disability discrimination; Definition of race Legislation Cited: Anti-Discrimination Act 1977 (NSW) Category: Interlocutory applications Parties: ALI on behalf of ALJ & ALK (Applicant) NSW Department of Education & Communities (Respondent) Representation: No appearance, (Applicant) Moray and Agnew (Respondent) File Number(s): 111110

reasons for decision

The Background 1This was a complaint of race discrimination and disability discrimination in respect of incidents involving ALJ and ALK while they attended their local primary school. The complaint had been commenced by ALI on behalf of ALJ and her twin sister ALK. It is reported that ALJ and ALK were removed from the care of their parents and placed under the care of their maternal grandmother and her husband ALI in 2004. It is claimed by the Respondent that ALI is their step-grandfather. It is also claimed by the Respondent that their first names were changed. They are now being raised as Muslims. 2ALJ and ALK were enrolled at a local primary school on 29 April 2008. ALI wrote to the school in respect of concerns about the bullying of ALJ and ALK by other children after they commenced wearing the hijab. He also made allegations of inappropriate conduct by the teaching staff at the school. A complaint was made to the Anti-Discrimination Board (the ADB) in relation to these matters on 12 November 2010. 3The President of the ADB referred the complaint to the Administrative Decisions Tribunal (the Tribunal). The complaint was in respect of an allegation of discrimination on the grounds of race and also disability in relation to the period 12 November 2009 to 12 November 2010.