CEU v University of Technology Sydney [2017] NSWCATAD 323

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEU v University of Technology Sydney [2017] NSWCATAD 323 Hearing dates: 29 August 2017 Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: Leave is granted for the Applicant's complaint of disability discrimination in education to proceed. Catchwords: HUMAN RIGHTS – where complaint of disability discrimination in education declined by President of Anti-Discrimination Board as lacking in substance – where the Tribunal needs to grant leave before complaint can proceed – whether fair and just for complaint to proceed – whether it is apparent that complaint lacks substance - complexity of legal issues Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 49B, 49L, 92(1)(a) and s 96 Cases Cited: A v Director-General, Department Education and Training [2008] NSWSC 1091 CEU v University of Technology Sydney [2017] NSWCATAD 79 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92; [2003] HCA 62 Woodforth v State of Queensland [2017] QCA 100 Category: Procedural and other rulings Parties: CEU (Applicant) University of Technology Sydney (Respondent) Representation: Applicant (self-represented) Barry Nilsson Lawyers (Respondent)

Counsel: A Flecknoe-Brown (Respondent) File Number(s): 2017/00211860 Publication restriction: Disclosure of the name of the Applicant is prohibited.Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.