ZDB v The University of Newcastle [2017] NSWCATAP 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZDB v The University of Newcastle [2017] NSWCATAP 70 Hearing dates: 1 December 2016. Written submissions closed 25 February 2017. Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Appeal Panel Before: Wright J, President DAC Robertson, Senior Member Decision: 1. The appeal is dismissed. 2. Leave to appeal is refused. 3. If the respondent wishes to pursue an application for costs of this appeal: a. The respondent is to give to the Tribunal and to the appellant its submissions, not exceeding 3 pages in length, on costs of this appeal and on whether the Appeal Panel should determine the question of costs without an oral hearing, on or before 13 April 2017; b. The appellant is to give to the Tribunal and to the respondent his submissions, not exceeding 3 pages in length, on costs of this appeal and on whether the Appeal Panel should determine the question of costs without an oral hearing, on or before 27 April 2017; c. The respondent is to give to the Tribunal and to the appellant any submissions, not exceeding 2 pages in length, in reply on or before 4 May 2017. Catchwords: DIRECT DISCRIMINATION – whether alleged conduct engaged occurred "on the ground of" disability – whether "imputed knowledge" sufficient to support finding under s 49B(1)(a), Anti-Discrimination Act 1977 (NSW) – imputed knowledge not relevant or helpful

INDIRECT DISCRIMINATION – evidence of proportions of base group who comply and do not comply with requirement, under s 49B(1)(b), Anti-Discrimination Act 1977 (NSW) – judicial notice of effect of depression - insufficient to establish required relationship of proportions