New South Wales Teachers Federation v President, Anti-Discrimination Board

The New South Wales Teachers Federation sought judicial review of a decision of the President of the Anti-Discrimination Board. The Board had determined that the Federation's policy of employing teachers on a temporary basis was discriminatory. The applicant argued that the policy was not discriminatory, and sought to have the Board's decision quashed. The case was heard in the Supreme Court of New South Wales.

The central issue before the Court was whether the Board's determination that the applicant's policy of employing teachers on a temporary basis was discriminatory was unreasonable or unlawful. The applicant submitted that the policy was not discriminatory, and that the Board had failed to properly consider the evidence before it. The respondent argued that the policy was discriminatory, and that the Board's determination was well-reasoned and supported by the evidence.

The Court found that the Board's determination was not unreasonable or unlawful. The Court held that the policy of employing teachers on a temporary basis was discriminatory, and that the Board had properly considered the evidence before it in reaching that conclusion. The Court noted that the evidence showed that the policy had a disproportionate impact on women and people from non-English speaking backgrounds, and that this was sufficient to establish that the policy was discriminatory. The Court rejected the applicant's arguments that the policy was not discriminatory, and held that the Board's determination was well-reasoned and supported by the evidence.

The Court dismissed the applicant's application for judicial review, and ordered that the respondent may apply for costs if it wished to do so. The Court further ordered that any such application for costs be decided on the papers, pursuant to section 76 of the Administrative Decisions Tribunal Act 1997.