BB v State of Queensland

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

BB v State of Queensland & Ors [2021] QCAT 496

PARTIES:

BB ON BEHALF OF RB

(applicant)

v

STATE OF QUEENSLAND

GD

MD

(respondents)

APPLICATION NO/S:

ADL017-19

MATTER TYPE:

Anti-discrimination matters

DELIVERED ON:

17 December 2020

HEARING DATE:

26, 27, 28, 29 & 30 October 2020

HEARD AT:

Brisbane

DECISION OF:

Member Hughes

ORDERS:

1.   The application is dismissed.

2.   BB is to file with the Tribunal and give the Respondents any submissions on costs by 4.00pm on 15 February 2021.

3.   The Respondents are to file with the Tribunal and give BB any submissions on costs by 4.00pm on 1 March 2021.

4.   BB is to file with the Tribunal and give the Respondents any submissions in reply by 4.00pm on 8 March 2021.

5.   The costs of the proceedings will be determined on the papers and without an oral hearing not before 4.00pm on 8 March 2021.

CATCHWORDS:

HUMAN RIGHTS – DISCRIMINATION LEGISLATION ––  GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT – EDUCATIONAL INSTITUTIONS – where student exhibited behavioural issues - where protected attribute – where comparator was student without impairment but with behavioural issues – where relevant circumstances – whether school treated student less favourably on basis of impairment – where school was attempting to integrate student’s interests within greater student body – where school was managing behaviour and providing special services and facilities to support student’s needs – where treatment was not less favourable than misbehaving student without impairment would have been treated – where intervention was directed to and elevated to behaviour rather than impairment – where treatment made appropriate allowances for impairment within context of needs and interests of other students, wider school  community and student – where treatment of student was commensurate with proper management, order and safety of student, classmates and school community as a whole – where no evidence of bad faith – where Respondents treated student no less favourably than they would have for any student with behavioural issues but without attribute

Anti-Discrimination Act 1991 (Qld), s 7, s 10, s 37, s 39,
s 40, s 44, s 103, s 108, s 114, s 191, s 210, Schedule 1
Disability Discrimination Act 1992 (Cth), s 31
Education (General Provisions) Act 2006 (Qld), s 11,
s 12, s 176, s 177, s 182, s 183
Human Rights Act 2019 (Qld), s 15, s 19
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

Ball v SilverTop Taxi Service Ltd [2004] FMCA 967
Connor v State of Queensland [2020] FCA 455
Dovedeen Pty Ltd & Anor v GK [2013] QCA 116
Kiefel v State of Victoria [2013] FCA 1398
Patel v University of Queensland & Anor [2019] QCAT 108
Petrak v Griffith University & Ors [2020] QCAT 351
Purvis v State of NSW (2003) 217 CLR 92
Tafao v State of Queensland & Ors [2018] QCAT 409
Walker v State of Victoria [2012] FCAFC 38
Woodforth v State of Queensland [2017] QCA 100

APPEARANCES…