MINISTER FOR EDUCATION OF SOUTH AUSTRALIA

[2013] SAEOT 12

Equal Opportunity Tribunal

(District Court Administrative and Disciplinary Division)

In the Matter of AN APPLICATION FOR EXEMPTION UNDER THE EQUAL OPPORTUNITY ACT 1984

MINISTER FOR EDUCATION OF SOUTH AUSTRALIA

[2013] SAEOT 12

Judgment of Her Honour Judge Cole, Member Ms A Bachmann and Member Mr H Yapp (ex tempore)

25 November 2013

HUMAN RIGHTS - DISCRIMINATION - SPECIAL MEASURES

Minister applied for the renewal of an exemption from the provisions of the Equal Opportunity Act 1984 to allow for the continuation of the provision of a girls only secondary campus as part of a larger school - exemption granted for a period of three years.

Equal Opportunity Act 1984 (SA); Education Act 1972 (SA), referred to.
Minister for Education of South Australia [2010] SAEOT 5, considered.

MINISTER FOR EDUCATION OF SOUTH AUSTRALIA
[2013] SAEOT 12

1. The Minister for Education and Child Development has applied pursuant to s 92 of the Equal Opportunity Act 1984 for an exemption from ss 37(1) and (2) and s 39(1) of the Act, with respect to the Roma Mitchell Secondary College at Briens Road, Gepps Cross, which we will refer to as 'the College'. A previous exemption in relation to the formation of that school was granted by this Tribunal in December 2010 and will expire on 20 December 2013[1]. The Minister's application was supported by an affidavit of the principal of the College, Ms Richardson.

   [1]    In the matter of an exemption under the Equal Opportunity Act 1984 Minister for Education of South Australia [2010] SAEOT 5

2. The College opened in 2011 and amalgamated Gepps Cross Girls High, Enfield High, Ross Smith Secondary School and Gepps Cross Senior School. Prior to that time, Gepps Cross Girls High was operated as a public girls only high school, as permitted pursuant to s 37(3) of the Act.

3. The College has a single governing Council, pursuant to s 83 of the Education Act 1972 and there is one principal and one deputy principal. The College is organised as three separate campuses on a single site. Each campus has a campus leader.

4. One of those campuses is the girls only campus, which offers years 8 to 12. There is some sharing of resources between the three campuses. The girls only campus takes applications for enrolments from the whole of South Australia, whereas the co-educational campuses take applications only from the defined local geographical zone.

5. Measures are taken at the girls only campus to address issues associated with disadvantage of many kinds, including those kinds of disadvantage which particularly affect girls. There is evidence that success is being achieved with an impressive 97% SACE completion rate in 2012 on the girls' campus.

6. Were the girls' campus a separate school, it would be permitted to discriminate in favour of girls when accepting applications for enrolment under s 37(3) of the Act. The girls' campus operates much like a single sex school and, in addition, addresses some of the issues faced by socially disadvantaged girls.

7. We are satisfied that the granting of an exemption for a further three years is consistent with the objects of the Act. There will be an order in the following terms:

   The Minister for Education and Child Development as an educational authority is exempted from the provisions of ss 37(1) and (2) and s 39(1) of the Equal Opportunity Act 1984 in relation to the provision of education only to female students at the Girls Education Campus, the Roma Mitchell Secondary College, for a period of three years.

8. An order will issue to that effect.