Wecker v University of Technology, Sydney

[2005] NSWADT 232

CITATION:	Wecker v University of Technology, Sydney [2005] NSWADT 232
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Paul Joseph Wecker RESPONDENT University of Technology, Sydney
FILE NUMBER:	051108
HEARING DATES:	02/09/2005
SUBMISSIONS CLOSED:	09/02/2005
DATE OF DECISION:	10/17/2005
BEFORE:	Hennessy N - Magistrate (Deputy President)
APPLICATION:	Interim Order
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Anti-Discrimination Act 1977
CASES CITED:
REPRESENTATION:	APPLICANT In person RESPONDENT L McManus, barrister
ORDERS:	Orders made on 2 September 2005; Application for interim order refused.

Introduction

1 Mr Wecker is a student enrolled in a Master of Education course at the University of Technology (UTS) and was living in a residence at UTS in early 2005. It was alleged that on 24 March 2005 he visited the UTS Housing Office to discuss his rental agreement. After some discussion about the agreement, Mr Wecker allegedly said to a staff member words to the effect of “I’m going to kill you and I’m going to kill your boss. I have the power to do it. I can see that it will be done.” Mr Wecker agreed that he had spoken words but not the words as quoted. He apologised for the words he had spoken but said there were no grounds for the staff member to fear him.

2 After conducting an investigation into these events, the University Student Conduct Committee recommended that Mr Wecker be suspended from the University for a period up to 12 months pending the submission of a report from a psychiatrist to the effect that he is undergoing treatment and that, in the psychiatrist’s view, there is not a significant risk that he will harm anyone. The Vice Chancellor endorsed that recommendation and the suspension took effect some time later. Mr Wecker applied to the Tribunal for an interim order under the Anti-Discrimination Act 1977, to set aside the suspension.

3 The Tribunal refused to grant the interim order and Mr Wecker has requested written reasons for that decision. Those reasons are set out below.

Basis for an interim order

4 Under s 105 of the Anti-Discrimination Act 1977, the Tribunal may, on the application of a complainant or respondent at any time, make an interim order:

(a) to preserve the status quo between the parties to the complaint, or

(b) to preserve the rights of the parties to the complaint, or

(c) to return the parties to the complaint to the circumstances they were in before the contravention of this Act or the regulations alleged in the complaint occurred,

5 Although I did not have a copy of Mr Wecker’s complaint of discrimination to the Anti-Discrimination Board, I assume that Mr Wecker has made a complaint of disability discrimination on the ground that UTS perceives that he has a mental illness. Mr Wecker submitted that the interim order is necessary to lift sanctions that are preventing his attendance at lectures and his access to the library and other resources provided by UTS.

6 I have read the Report of the University Student Conduct Committee and the transcript of the tape recording of the Committee’s hearing on 6 June 2005. Those documents and Mr Wecker’s presentation before the Tribunal on 2 September 2005, leave me in no doubt that the interim order sought by Mr Wecker should be refused. UTS has acted reasonably in all the circumstances in suspending Mr Wecker and requiring him to undergo a psychiatric assessment to ascertain whether or not there is a significant risk that he will harm anyone.

Order

Application for interim order refused.