Coomaraswamy v NSW Department of Education [2016] NSWCATAD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coomaraswamy v NSW Department of Education [2016] NSWCATAD 40 Hearing dates: 17 November 2015 Date of orders: 01 March 2016 Decision date: 01 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: Leave is refused for the applicant's complaint of race, disability and age discrimination to proceed. Catchwords: ANTI-DISCRIMINATION - leave sought to proceed with declined complaint - allegation of race, age and disability discrimination by student teacher against Department of Education - whether fair and just for complaint to proceed – no basis on which an inference can be drawn that race, age or disability was one of the reasons for the termination of placement and for the assessment as 'unsatisfactory' Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 96 Teaching Service Act 1980 (NSW), s 7 Cases Cited: Coomaraswamy v Campbelltown Anglican Schools Council [2015] NSWCATAD 271 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Shvetsova v State of New South Wales (Department of Education and Communities) [2012] NSWADT 253 State of New South Wales v Whiteoak [2014] NSWCATAP 99 Category: Principal judgment Parties: Mohan Coomaraswamy (Applicant) NSW Department of Education (Respondent) Representation: Solicitors: Applicant (self-represented) K & L Gates (Respondent) File Number(s): 1510608 Publication restriction: Nil