Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Amponsem v Anglican Schools Corporation [2024] NSWCATAD 194 Hearing dates: 25 June 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P Roney KC, Senior Member
K Stubbs, General MemberDecision: (1) The Applicant’s complaint of racial discrimination is upheld.
(2) To the extent necessary we order that the applicant be substituted as the identified applicant in this matter in lieu of her mother as applicant on her behalf.
Catchwords: ANTI-DISCRIMINATION – RACE DISCRIMINATION – where questions directed to and comments made about a student of Ghanian heritage at a high school by the school principal in the presence of other student leaders was racial discrimination- whether conduct constitutes treating the student less favourably than a person of a different race and subjecting the student to other detriment- whether to order a refund of school fees-whether to order an apology.
Legislation Cited: Anti-Discrimination Act 1977 (NSW)
Anti-Discrimination Act 1991 (QLD)
Equal Opportunity Act 2010 (Vic)
Racial Discrimination Act 1975 (Cth)
Cases Cited: Aitken v State of Victoria – Department of Education & Early Childhood Development [2012] VCAT 1547
Al Abody v Director of Housing (Human Rights) [2017] VCAT 431
ASQ v Harcourts Rata and Co Pty Ltd [2022] VCAT 139
Bailey v Australian National University (1995) EOC 92-744
Bogie v University of Western Sydney (1990) EOC 92-313
Dalla Costa v. The ACT Department of Health (1994) EOC 92-633
Damiano v Wilkinson [2004] FMCA 891
Edgley v Federal Capital Press of Australia [2001] FCA 379
Haines v Levies (1987) 8 NSWLR 442
Jemal v ISS Facility Services Pty Ltd (Human Rights) [2015] VCAT 103
Kuyken v Lay (Human Rights) [2013] VCAT 1972
Lewin v ACT Health & Community Care Services [2002] ACTDT 2
NC v Queensland Corrective Services Commission [1997] QADT 22
Prezzi, Patricia Anne and Discrimination Commissioner [1996] ACTAAT 132.
Sinopoli v Harrison (Human Rights) [2017] VCAT 355
Sivanathan v Commissioner of Police (NSW) (2001) NSWADT 44
Slattery v Manningham CC (Human Rights) [2013] VCAT 1869
Tsikos v Austin Health [2022] VSC 174
Wotton v Queensland [No 5] (2016) 352 ALR 146
Texts Cited: None cited
Category: Principal judgment Parties: Nyah Amponsem (Applicant)
Anglican Schools Corporation (Respondent)Representation: Applicant (Self-Represented)
Wotton and Kearney (Respondent)
File Number(s): 2024/00066874 Publication restriction: Nil
Reasons for the DecIsion
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The applicant, Nyah Amponsem (Nyah) seeks compensation by way of a refund of school fees and an apology from the respondent Anglican Schools Corporation arising from what she contends were racist questions she alleges were asked of her in her presence by her school principal during a car trip with fellow school student leaders to an International Women's day function on 3 March 2023.
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It is common ground that on that Friday, 3 March 20, 2023, the principal of the Shellharbour Anglican College (the school) drove 4 female students to attend an International Women's Day luncheon in Wollongong and that Nyah who was a 12th…
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- Case
- [2024] NSWCATAD 194
- Decision Date
CaseChat Overview and Summary
The tribunal found that the principal's conduct did indeed amount to racial discrimination. It held that the principal's comments and questions about the student's race, in the presence of other student leaders, treated her less favourably than if she had been of a different race. This conduct also subjected the student to other detriment, as it created an environment of hostility and exclusion. The tribunal emphasised the importance of fostering an inclusive school environment where all students feel safe and respected, regardless of their racial background.
As a result of its findings, the tribunal upheld the applicant's complaint of racial discrimination. It also ordered that the applicant be substituted as the identified applicant in this matter in place of her mother. This decision underscores the significance of addressing and preventing racial discrimination in educational institutions, ensuring a supportive and equitable learning environment for all students.
Orders
Orders of the court
(1) The Applicant’s complaint of racial discrimination is upheld.
(2) To the extent necessary we order that the applicant be substituted as the identified applicant in this matter in lieu of her mother as applicant on her behalf.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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