Mewett v The University of Sydney [2019] NSWCATAD 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mewett v The University of Sydney [2019] NSWCATAD 199 Hearing dates: 3 September 2019 Date of orders: 25 September 2019 Decision date: 25 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill Decision: Leave to proceed is refused under section 96 Anti-Discrimination Act Catchwords: EQUAL OPPORTUNITY - disability discrimination in education - leave required for complaint to proceed - principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 King v University of Notre Dame Australia [2017] NSWCATAD 58 Category: Procedural and other rulings Parties: Scott Mewett (Applicant) University of Sydney (Respondent) Representation: Solicitors: S Hargreave (As Agent)(Applicant) Office of General Counsel, University of Sydney (Respondent) File Number(s): 2019/ 00097551 Publication restriction: N/A

REASONS FOR DECISION 1. These proceedings concerned an application by Mr Mewett for leave to proceed with a complaint of disability discrimination in education against the University of Sydney. The complaint was declined by the President of the Anti-Discrimination Board (ADB) on the basis that it was lacking in substance. Mr Mewett requested that the President of the ADB refer the complaint to the Tribunal. Section 96 of the Anti-Discrimination Act (ADA) requires that when the President of the ADB declines a complaint the complainant must obtain the leave of the Tribunal to proceed.