Nandutu v University of Sydney

In *Nandutu v University of Sydney*, the applicant, Ms Nandutu, brought proceedings against the respondent, the University of Sydney, alleging discrimination on the basis of her disability. The dispute concerned the University's decision to terminate Ms Nandutu's enrolment in a Master of Public Health program. Ms Nandutu contended that the University failed to make reasonable adjustments for her disability, which she argued led to her academic difficulties and subsequent termination. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the University had unlawfully discriminated against Ms Nandutu under the *Disability Discrimination Act 1992* (Cth). This involved determining whether Ms Nandutu's disability constituted a relevant ground for discrimination, whether the University's actions constituted a failure to provide reasonable adjustments, and if so, whether such failure was unjustifiable. The Court also considered the University's obligations to accommodate students with disabilities and the scope of its discretion in academic and administrative matters.

Judge Vasta found that the University had not unlawfully discriminated against Ms Nandutu. The Court accepted that Ms Nandutu had a disability, but concluded that the University had taken reasonable steps to accommodate her needs, including providing extensions and support services. The Court found that the University's decision to terminate Ms Nandutu's enrolment was based on her academic performance, which did not meet the course requirements, and not on her disability. The University's actions were deemed to be within its legitimate academic and administrative purview, and not a result of discriminatory conduct.