Frost v TAFE NSW [2020] NSWCATAD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frost v TAFE NSW [2020] NSWCATAD 12 Hearing dates: 03 December 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: (1) The application for leave under s 96 of the Anti-Discrimination Act 1977 (NSW) is refused. Catchwords: Complaint declined and referred by President ADNSW - disability discrimination in education Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCCA 388 Category: Principal judgment Parties: Julie Frost (Applicant) TAFE NSW (Respondent) Representation: Counsel: Ms C Hooper (Respondent)

Solicitors: Self Represented (Applicant) Mr Li (Respondent) File Number(s): 2019/00335263 Publication restriction: N/A

REASONS FOR DECISION 1. Ms Julie Frost has been a student at TAFE in Kingscliff, New South Wales. Ms Frost has made complaints to the President of Anti-Discrimination NSW (ADNSW) about her treatment at TAFE NSW. 2. In October 2019 the President of ADNSW wrote to Ms Frost and the Respondent, TAFE NSW declining a complaint of discrimination Ms Frost had made against TAFE NSW under section 92 of the Anti-Discrimination Act 1977 NSW (the ADA). Ms Frost requested in a letter to the President of ADNSW dated 16 October 2019 "Please refer any finalised TAFE complaints to NCAT." 3. The matter before the Tribunal on 3 December 2019 was referred to the Tribunal under sections 92, 93A and 96 of the ADA. In the circumstances where the President has declined a complaint it is necessary for an applicant to seek leave of the Tribunal to proceed with the complaint.