FLM v State of New South Wales (Department of Education)

In the case of FLM v State of New South Wales (Department of Education), the applicant, FLM, brought a complaint against the respondent, the Department of Education, alleging indirect disability discrimination. The dispute was heard in the Anti-Discrimination Tribunal of New South Wales. FLM claimed that the Department of Education indirectly discriminated against him by not providing a Support for Learning Students Officer (SLSO) from February to late April/early May 2015. This, he argued, subjected him to a detriment within the meaning of the Anti-Discrimination Act 1977.

The primary legal issue was whether the Department of Education indirectly discriminated against FLM by failing to provide an SLSO during the specified period, which the applicant claimed amounted to a detriment under the Act. The court was also required to consider the relevance and admissibility of evidence presented by both parties.

The Tribunal upheld the applicant’s complaint regarding the indirect discrimination by the Department of Education through the failure to provide an SLSO, as this constituted a detriment under the Act. The Tribunal found that the evidence presented supported the claim that the absence of an SLSO had a significant impact on FLM’s ability to engage with the educational process. However, the Tribunal dismissed the remainder of the applicant’s complaint as it did not find sufficient evidence to support the other claims made. The Tribunal ordered the respondent to pay the applicant $2,500 in damages.