DJH v Secretary, Department of Education;; DJI v Secretary, Department of Education [2018] NSWCATAD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJH v Secretary, Department of Education;; DJI v Secretary, Department of Education [2018] NSWCATAD 31 Hearing dates: 12 December 2017 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: 1. DJH is appointed as guardian ad litem for DJI.

2. Leave to proceed granted for complaint of indirect disability discrimination made by DJI; and

3. Leave to proceed granted for complaint of victimisation made by DJH. Catchwords: HUMAN RIGHTS - disability discrimination- educational authority - direct discrimination - indirect discrimination - victimisation - vicarious liability Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCCA 388 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Zverara v Jarpen Holdings Pty Ltd [2016] NSWCATAD 284 Category: Procedural and other rulings Parties: Proceedings 2017/338801 DJH (Applicant) Secretary, Department of Education (First Respondent) DJJ (Second Respondent)