WANG AND ACT DEPARTMENT OF EDUCATION, YOUTH & FAMILY SERVICES

The case of Wang and ACT Department of Education, Youth & Family Services was heard before the Australian Human Rights Commission, where Wang alleged discrimination on the basis of race and status as a parent or carer. Wang, an international student, claimed that she was not allocated a boarder under the homestay program due to her race and her status as a parent, which she argued were relevant attributes under the Discrimination Act 1991. The primary legal issue before the tribunal was whether the Department of Education, Youth & Family Services provided "services" to Wang and if there was a causal connection between the treatment of Wang and her relevant attributes. The tribunal had to determine if the department's actions constituted discrimination and if they contravened the provisions of the Act.

The tribunal considered whether the homestay program constituted a "service" as defined in the Discrimination Act 1991. It examined if the failure to allocate a boarder under the homestay program could be considered discriminatory conduct. Furthermore, the tribunal assessed if there was a causal link between the treatment of Wang and her relevant attributes, namely her race and status as a parent. The tribunal found that the department did not provide a service to Wang in the context of the homestay program, and as such, the respondent's conduct did not constitute discrimination under the Act.

Consequently, the tribunal concluded that Wang's complaints were not substantiated. The tribunal found that the Department of Education, Youth & Family Services did not engage in discriminatory conduct, and therefore, the complaints were dismissed. Under section 102(2)(a)(ii) of the Discrimination Act 1991, the tribunal ordered that the complaints be dismissed.