Davies v University of Wollongong [2020] NSWCATAD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davies v University of Wollongong [2020] NSWCATAD 13 Hearing dates: 03 December 2019 Date of orders: 09 January 2020 Decision date: 09 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: (1) Leave to proceed is refused under section 96 Anti-Discrimination Act 1977. Catchwords: EQUAL OPPORTUNITY - leave required for complaint to proceed - principles applying to grant of leave EQUAL OPPORTUNITY - disability and race discrimination in education Legislation Cited: Anti-Discrimination Act 1977 NSW Cases Cited: Jones & Anor v Ekermawi [2009] NSWCA 388 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Category: Principal judgment Parties: Blaan Davies (Applicant) University of Wollongong (Respondent) Representation: Solicitors: Self Represented (Applicant) Mr Murphy (Respondent) File Number(s): 2019/00341618 Publication restriction: N/A

REASONS FOR DECISION 1. Mr Davies is a Yuin man from the Wollongong – South Coast area of New South Wales. He has committed himself to a future of leadership within the Aboriginal community. As part of this, he wishes to undertake university studies. Mr Davies was enrolled in the University Access Program, UAP at University of Wollongong in preparation for applying to enrol in degree courses over a period of 3 years. He has not progressed to enrolment in degree courses. 2. Mr Davies has applied for leave to proceed with a complaint of race and disability discrimination in education against the University of Wollongong. The complaint was declined by the President of the Anti-Discrimination Board (ADB) on the basis that it was lacking in substance. Mr Davies requested that the President of the ADB refer the complaint to the Tribunal. Section 96 of the Anti-Discrimination Act 1977 (ADA) requires that when the President of the ADB declines a complaint, the complainant must obtain the leave of the Tribunal to proceed.