Frost v Southern Cross University

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Frost v Southern Cross University [2020] NSWCATAD 105
Hearing dates:	24 March 2020
Date of orders:	17 April 2020
Decision date:	17 April 2020
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	A Scahill, Senior Member
Decision:	The application for leave under s 96 of the Anti-Discrimination Act 1977 (NSW) is refused.
Catchwords:	Complaint declined and referred by President ADNSW - disability discrimination in education and victimisation
Legislation Cited:	Anti-Discrimination Act 1977 Government Information (Public Access) Act 2009
Cases Cited:	Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCCA 388
Texts Cited:	None cited
Category:	Procedural and other rulings
Parties:	Julie Frost (Applicant) Southern Cross University (Respondent)
Representation:	Solicitors: Self-Represented (Applicant) Mr Dixon (Respondent)
File Number(s):	2020/00055331
Publication restriction:	Nil

REASONS FOR DECISION

Background

1. Ms Julie Frost has been a student at Southern Cross University, New South Wales (SCU). Most recently she was enrolled in a Bachelor of Laws in second semester 2017. Ms Frost made complaints to the President of Anti-Discrimination NSW (ADNSW) about her treatment at SCU alleging disability discrimination in education and victimisation in August 2019. The complaint was accepted by the President of ADNSW for the period August 2018 to August 2019.

2. On 6 February 2020 the President of ADNSW wrote to Ms Frost and the Respondent, SCU, declining the complaint of disability discrimination and victimisation. Ms Frost requested that the President of ADNSW refer the complaint to NCAT. In the circumstances where the President has declined a complaint, it is necessary for an applicant to seek leave of the Tribunal to proceed with the complaint under section 96 of the Anti-Discrimination Act 1977 (ADA).

3. The matter before the Tribunal on 24 March 2020 was consideration of Ms Frost’s application for leave to proceed with the complaint in the Tribunal.

History of the complaint

4. On 6 February 2020, the President of ADNSW wrote to Ms Frost in relation to her complaints of disability discrimination and victimisation against SCU. That letter stated that having considered all the information that Ms Frost and the Respondent had given ADNSW, the President’s delegate had decided to decline the complaints under section 92(1) of the Anti-Discrimination Act 1977 New South Wales on the basis that the complaints were lacking in substance. The reasons for declining the complaints were that the President’s delegate had determined that:

“Ms Frost has provided no information to support her allegation that she was treated less favourably by the Respondent during the relevant period because of her disability by denying her access to counselling, and blocking her access to information, education and communication.

Ms Frost has provided no information other than a mere allegation that she has been victimised by the Respondent as a result of raising allegations of disability discrimination.”

Summary of the complaint

5. Ms Frost enrolled at SCU to study a Bachelor of Laws in 2013. She was suspended from study following findings of non-academic misconduct in 2016.…