Complainant 201947 v The Australian Capital Territory (As Represented BY Act Education Directorate)

In this matter, the complainant, referred to as "Complainant 201947," filed a complaint against the Australian Capital Territory, represented by the ACT Education Directorate, alleging discrimination against his son, referred to as "H," who has a disability. The complaint was heard by the Tribunal on 24 and 25 August, and 4 and 7 September 2020. The issues that the Tribunal needed to address were whether the respondent had directly or indirectly discriminated against H or the complainant, as H's father, in various ways. The complainant argued that the respondent had discriminated against H by arranging reduced hours at school, failing to provide a dedicated Learning Support Assistant, not providing a safe environment, and not implementing appropriate learning strategies. The respondent, on the other hand, denied all allegations of discrimination.

The Tribunal considered the evidence presented by both parties, including a summary of communications, emails, meeting records, and witness statements. The Tribunal also considered the legal framework provided by the Discrimination Act 1991, which defines discrimination and lists disability as a protected attribute. The Tribunal found that the respondent had not directly or indirectly discriminated against H or the complainant. The Tribunal determined that the arrangements made for H's reduced hours at school were not discriminatory, and the failure to provide a dedicated Learning Support Assistant did not amount to discrimination. Additionally, the Tribunal found that the respondent had provided a safe environment and appropriate learning strategies for H.

The Tribunal dismissed the application, and pursuant to section 39(2)(b) of the ACT Civil and Administrative Tribunal Act 2008, there is to be no publication of the names of the parties involved, and no public access to the file. The decision of the Tribunal was that the respondent had not discriminated against H or the complainant, and the application was dismissed in its entirety.