Shvetsova v State of New South Wales (Department of Education and Communities) [2012] NSWADT 253

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Shvetsova v State of New South Wales (Department of Education and Communities) [2012] NSWADT 253 Hearing dates: 15 August 2012 Decision date: 03 December 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. Leave is granted for the applicant's complaint of race discrimination alleging a breach of s 19(b) of the Anti-Discrimination Act 1977 to proceed. 2. Leave is refused for the applicant's complaint of race discrimination alleging a breach of s 17 and s 19(a) of the Anti-Discrimination Act 1977 to proceed. 3. The matter is listed for case conference on 19 December 2012 at 12.30pm. Catchwords: ANTI-DISCRIMINATION - leave sought to proceed with declined complaint - allegation of race discrimination by student teacher against a school - whether fair and just for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Cases Cited: Hamed v Director General, Department of Education [2007] NSWADT 43 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC IW v City of Perth (1997) 191 CLR 1 Category: Interlocutory applications Parties: Elena Shvetsova (Applicant) State of NSW (Department of Education and Communities) (Respondent) Representation: Elena Shvetsova (Applicant in person) Makinson & d'Apice Lawyers (Respondent) File Number(s): 121096