Burns and Grint (SSAT Appeal)

Burns and Grint (SSAT Appeal) is a dispute involving an application for judicial review, heard by the Administrative Appeals Tribunal (AAT). The applicant, Burns, sought review of a decision made by the Secretary of the Department of Education, Employment and Workplace Relations (Secretary) under the Disability Discrimination Act 1992 (Cth) (DDA). The Secretary's decision concerned the refusal to provide Burns with a reasonable adjustment under section 24 of the DDA in the context of a university's examination conditions. Burns argued that the university's refusal to grant an extension for his examinations constituted discrimination.

The central legal issues were whether the university's refusal to extend the examination period constituted a reasonable adjustment under the DDA and whether the Secretary's decision was lawful, rational and procedurally fair. The court had to consider whether the university had the power to change examination conditions, the meaning and scope of the term "reasonable adjustment," and whether the Secretary's decision was supported by relevant and sufficient evidence.

The tribunal began by noting that the university had the power to change examination conditions, as this was not a prescribed term or condition of Burns' enrolment. The tribunal held that the university had not discriminated against Burns by refusing to extend the examination period, as it was not required to make a reasonable adjustment. The tribunal concluded that the Secretary's decision was lawful, rational and procedurally fair, as it was based on relevant considerations and sufficient evidence. The application for judicial review was dismissed.