Harding v UNSW

The case of Harding v UNSW involved a claim of discrimination based on medical disability against the University of New South Wales (UNSW). The applicant, a former student, alleged that the university had failed to accommodate her disability, which resulted in her not being able to complete her degree. The matter was brought before the Administrative Decisions Tribunal of New South Wales for merits review. The key legal issues that the tribunal had to determine included whether the university's decision constituted discrimination, whether there was an error apparent on the face of the record, and if the university had failed to take into account relevant considerations or had taken irrelevant ones into account.

In examining the legal issues, the tribunal considered whether the university had acted unreasonably or in a manner that was Wednesbury unreasonable. The tribunal also looked at whether the university had failed to take into account relevant considerations or had taken irrelevant ones into account. The tribunal took judicial notice of the circumstances and the evidence presented by the parties. After reviewing the evidence, the tribunal found that the university had indeed discriminated against the applicant on the basis of her medical disability, and that there was an error on the face of the record. The tribunal also found that the university had failed to take into account relevant considerations and had taken irrelevant ones into account, which amounted to Wednesbury unreasonableness.

As a result of the tribunal's findings, the applicant was awarded damages for lost opportunity. The university was ordered to pay the applicant compensation for the harm caused by their discriminatory actions. The tribunal also made orders for the university to take steps to prevent similar incidents from occurring in the future. The decision serves as an important reminder to educational institutions of their obligations to accommodate students with disabilities and to ensure that their decisions are not discriminatory.