Peters v The University of Sydney [2015] NSWCATAD 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peters v The University of Sydney [2015] NSWCATAD 238 Hearing dates: 12 March 2015, 9 April 2015 (submissions closed) Date of orders: 17 November 2015 Decision date: 17 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Wakefield, Senior Member B Field, General Member M O'Halloran, General Member Decision: 1. The complaints of unlawful direct and indirect discrimination on the ground of race in the provision of education are dismissed. 2. Any application for costs to be dealt with in accordance with the directions given at paragraph 203 of the Reasons for Decision. Catchwords: Administrative Law – Civil and Administrative Tribunal (NSW) – Administrative and Equal Opportunity Division – discrimination – on grounds of race – education – direct discrimination – comparator – differential treatment – same circumstances or circumstances which are not materially different - causation – indirect discrimination – requirement or condition – s 54(1)(a) Anti-Discrimination Act - exception – mandatory and specific requirements Legislation Cited: Education Services for Overseas Students Act 2000 (Cth) Higher Education Support Act 2003 (Cth) Migration Act 1958 (Cth) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) University of Sydney (Amendment Act) Rule 1999 (as amended) Cases Cited: AEQ v Department of Education & Communities [2011] NSWADT 194 Amery & Ors v State of New South Wales (Director-General NSW Department of Education and Training) [2004] NSWCA 404 Australian Iron & Steel Pty Ltd v Banovic and Others (1989) 168 CLR 165 Chi v Technical and Further Education Commission (No 2) [2013] NSWCA 15 Commissioner of Corrective Services v Aldridge (EOD) [2000] NSWADTAP 5 Commissioner of Fire Brigades (NSW) v Lavery [2005] NSWSC 268 Deerubbin Local Aboriginal Land Council v Hunter [2012] NSWADTAP 15 Deri v Border Studies, Teaching and Educational Standards [2015] NSWCATAD 120 Dharmalingham v Western NSW Local Health District [2015] NSWCATAD 74 Faulkner v ACE Insurance Ltd [2011] NSWADT 36 Green v Department of Family and Community Services [2013] NSWADT 193 Haines v Leves (1987) 8 NSWLR 442 Hollows v Macquarie University [2009] NSWADT 23 McKellar v Bourke Bowling Club Ltd [2015] NSWCATAD 161 Nicholls and Nicholls v Director General Department of Education and Training (No. 2) [2009] NSWADTAP 20 Purvis v State of New South Wales (2003) 217 CLR 92 State of New South Wales v Amery (2006) 230 CLR 174 Sydney University Postgraduate Representative Association (SUPRA) & Ors v Minister for Transport Services & Ors [2006] NSWADT 83 Terence Lavery v Commissioner of Fire Brigades [2003] NSWADT 93 Trevanion v Wyangala Country Club Ltd (No 2) [2013] NSWADT 27 Waters v Public Transport Corporation (1991) 173 CLR 349 Whiteoak v State of New South Wales [2014] NSWCATAD 45 Wright v Commissioner of Police [2014] NSWCATAP 67 Wright v Commissioner of Police, NSW Police Force [2014] NSWCATAD 16 Texts Cited: Nil Category: Principal judgment Parties: C C Peters (Applicant) University of Sydney (Respondent) Representation: Counsel: K Nomchong SC (Applicant) K Eastman SC (Respondent) (Submissions)