Frost v Southern Cross University [2020] NSWCATAD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frost v Southern Cross University [2020] NSWCATAD 105 Hearing dates: 24 March 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: 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 and victimisation Legislation Cited: Anti-Discrimination Act 1977 Government Information (Public Access) Act 2009 Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCCA 388 Texts Cited: None cited Category: Procedural and other rulings Parties: Julie Frost (Applicant) Southern Cross University (Respondent) Representation: Solicitors: Self-Represented (Applicant) Mr Dixon (Respondent) File Number(s): 2020/00055331 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Ms Julie Frost has been a student at Southern Cross University, New South Wales (SCU). Most recently she was enrolled in a Bachelor of Laws in second semester 2017. Ms Frost made complaints to the President of Anti-Discrimination NSW (ADNSW) about her treatment at SCU alleging disability discrimination in education and victimisation in August 2019. The complaint was accepted by the President of ADNSW for the period August 2018 to August 2019. 2. On 6 February 2020 the President of ADNSW wrote to Ms Frost and the Respondent, SCU, declining the complaint of disability discrimination and victimisation. Ms Frost requested that the President of ADNSW refer the complaint to NCAT. 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 under section 96 of the Anti-Discrimination Act 1977 (ADA). 3. The matter before the Tribunal on 24 March 2020 was consideration of Ms Frost's application for leave to proceed with the complaint in the Tribunal.