BKY v The University of Newcastle [2014] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKY v The University of Newcastle [2014] NSWCATAD 39 Hearing dates: 16-18 October & 31 October 2013 Decision date: 28 March 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J Conley, Senior member D Kelleghan, General member J Schneeweiss , General member Decision: The complaint is substantiated. The Dean of Medicine Joint Medical Program for the respondent is directed to exercise his discretion to extend the time for the applicant to complete her medical degree by 18 months. Catchwords: Discrimination on the grounds of disability; Education Legislation Cited: Anti-Discrimination Act 1977; Civil and Administrative Tribunal Act 2013 Administrative Decisions Tribunal Act 1997 Cases Cited: Qantas Airways v Gama [2008] FCAFC 69; Burns v Laws (EOD) [2008] NSWADTAP 32; Chand v Rail Corporation of NSW (No2) [2009] NSWADTAP 27; Commissioner of Corrective Services v Aldridge [2000] NSWADTAP5; Purvis v New South Wales [2003] HCA 62 (2003) 217 CLR 92; Hollows v Macquarie University [2009] NSWADT 23 (6 February 2009); Dutt v Central Coast Area Health Service (2002) NSWADT 133; Edwards v Bourke Bowling Club Limited [2000] NSWADT 31; Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262; Category: Principal judgment Parties: BKY (Applicant) University of Newcastle (Respondent) Representation: Counsel Natalie Obrart (Applicant) Patrick Griffin (Respondent) Keith Hurst & Associates (Applicant) Hicksons Lawyers (Respondent) File Number(s): 131018 Publication restriction: S64 of the Civil and Administrative Review Act 2013 applies