Salt v NSW Department of Education and Training

In the matter of Salt v NSW Department of Education and Training, the applicants, Mr Shaw and Ms Salt, sought redress for claims of racial discrimination, sexual harassment, and victimisation against the respondent, the NSW Department of Education and Training. The applicants alleged that their complaints of racial discrimination and sexual harassment were not handled appropriately by the Department, and that they were subsequently victimised for lodging these complaints. The matter was heard and determined by the NSW Anti-Discrimination Board.

The central legal issues before the Board involved whether the Department's handling of the applicants' complaints constituted racial discrimination, sexual harassment, and victimisation under the Anti-Discrimination Act 1977 (NSW). Specifically, the Board was required to consider if the Department's actions demonstrated a failure to provide equal treatment or an environment free from harassment and victimisation, as guaranteed under the Act.

In its decision, the Board found that the Department's actions did not amount to racial discrimination or sexual harassment. The Board held that the Department had taken reasonable steps to address the applicants' complaints and had not acted in a way that would constitute victimisation. The Board dismissed all complaints on the basis that the evidence did not support a finding that the Department's conduct contravened the Act. Consequently, the Board ordered that all complaints be dismissed and directed the applicants' legal representatives to pay the costs of the case conference to the respondent.