Burns v Director General of the Department of Education

The applicant, Mr. Burns, brought proceedings in the Queensland Civil and Administrative Tribunal (QCAT) against the Director-General of the Department of Education, alleging disability discrimination in the provision of educational services to his son, a student at a primary school. The dispute concerned the alleged failure of the school to provide reasonable adjustments and the imposition of unreasonable requirements or conditions on the student, which Mr. Burns contended constituted direct and indirect discrimination under the *Anti-Discrimination Act 1991* (Qld).

QCAT was required to determine whether the Department had directly discriminated against the student by treating him less favourably than a person without his disabilities, and whether it had indirectly discriminated by imposing conditions that were unreasonable for him to comply with. The Tribunal also considered the meaning of "consult" and "consultation" in the context of the Act and the circumstances in which an apology could be ordered as a remedy.

In its reasoning, the Tribunal found that the Department had failed to engage in adequate consultation with Mr. Burns regarding his son's educational needs and the development of appropriate adjustments. It concluded that the school's approach to the student's education, which did not sufficiently accommodate his multiple disabilities, amounted to less favourable treatment. The Tribunal held that the Department had engaged in both direct and indirect discrimination. The Tribunal ordered the Department to pay Mr. Burns $15,000 in damages and to provide a formal apology to the family.