Alwadi v University of New South Wales [2015] NSWCATAD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alwadi v University of New South Wales [2015] NSWCATAD 187 Hearing dates: 14 July 2015 Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy, LCM, Deputy President Decision: Leave is refused for Mr Alwadi's complaint of disability discrimination to proceed. Catchwords: PRACTICE AND PROCEDURE – leave sought for complaint declined under the Anti-Discrimination Act 1977 to proceed – whether fair and just for leave to be granted Legislation Cited: Anti-Discrimination Act 1977 (NSW) s 49L(2), 49B(1)(b) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Wong v Office of the Board of Studies NSW (No 4) (03 July 2012)[2012] NSWADT 128 Category: Procedural and other rulings Parties: Fahd Alwadi (Applicant) University of New South Wales (Respondent) Representation: Solicitors: F Alwadi (self-represented) P Sheehy (Legal Office The University of New South Wales) (Respondent) File Number(s): 1510286 Publication restriction: Nil

reasons for decision

Introduction 1. Mr Alwadi complains that the University of New South Wales has discriminated against him on the ground of disability in contravention of the Anti-Discrimination Act 1977 (NSW). The University required him to sit for an examination or some other form of supervised assessment in four computer science courses in which he was enrolled in the first semester of 2014. Mr Alwadi says that he cannot sit for the exams because he suffers from anxiety, high blood pressure and palpitations. 2. The President of the Anti-Discrimination Board declined the complaints on the basis that they were lacking in substance: Anti-Discrimination Act 1977 (NSW), s 92(1)(a). When that happens, the complainant must apply to the Tribunal for permission or 'leave' for the complaint to go ahead: Anti-Discrimination Act, s 96. For the reasons given in this decision I have decided to refuse leave.