Zhong v State of NSW (Department of Education and Communities) [2014] NSWCATAD 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhong v State of NSW (Department of Education and Communities) [2014] NSWCATAD 209 Hearing dates: 4 November 2014 Decision date: 01 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave for Ms Zhong's complaint to proceed is refused. Catchwords: ANTI-DISCRIMINATION - complaint of race and disability discrimination by parent of primary school student - complaint declined by President of the Anti-Discrimination Board - whether fair and just for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Category: Principal judgment Parties: Ling Mei Zhong (Applicant) NSW Department of Education and Communities (Respondent) Representation: L Zhong (Applicant in person) McCabe's Lawyers (Respondent) File Number(s): 1410464

reasons for decision

Introduction 1Ms Zhong is aggrieved by decisions made by her son's Year 5 teacher in relation to seating arrangements and nominating him to attend ESL classes. Ms Zhong complained that the Department of Education and Communities had discriminated against her son because he is Chinese and wears glasses. The President of the Anti-Discrimination Board declined the complaint as lacking in substance. 2A complaint of discrimination that has been declined by the President of the Anti-Discrimination Board cannot be heard in the Tribunal unless permission is given: Anti-Discrimination Act 1977 (NSW), s 96. The test is whether it is fair and just for the complaint to go ahead: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143. I have decided that the complaints should not go ahead because there is nothing to link the teacher's decisions with the child's race or disability.