Travers v State of New South Wales (Board of Studies Teaching and Educational Standards NSW)

This matter came before Judge Manousaridis in the Supreme Court of New South Wales, concerning an application by the Board of Studies Teaching and Educational Standards NSW (the Board) for summary dismissal of proceedings brought by Ms Travers. Ms Travers had lodged a complaint with the Commission, and the Board sought to have the proceedings dismissed on the grounds that Ms Travers had no reasonable prospect of successfully prosecuting her claims. The court proceeded on the assumption that the facts alleged in Ms Travers' complaint were true.

The central legal issues before the court were whether, assuming the asserted facts were true, Ms Travers had any reasonable prospect of establishing her claims under the Disability Discrimination Act 1992 (Cth) (DDA) and the Age Discrimination Act 2004 (Cth) (ADA). Specifically, the court was required to consider the elements of the causes of action potentially engaged by the asserted facts under these Acts, particularly focusing on the provisions of the DDA relating to discrimination on the ground of disability.

The court's reasoning focused on the interpretation of relevant sections of the DDA. It considered that for an employer to discriminate against an employee on the ground of disability by dismissing them or subjecting them to detriment, as provided by s 15(2) of the DDA, the employer must treat the employee less favourably than they would treat an employee without the disability in similar circumstances, and the disability must be a reason, or part of the reason, for that treatment. Furthermore, the court examined s 5(2) of the DDA, which defines discrimination to include a failure to make reasonable adjustments for a person with a disability, where this failure results in that person being treated less favourably than a person without the disability would be treated in comparable circumstances. The court noted that Ms Travers' claims under the ADA were also potentially engaged.