By Greg Walsh -
Snapshot
- BKY v The University of Newcastle [2014] NSWCATAD 39 considered a claim of direct discrimination under s 49B(1) of the Anti-Discrimination Act
- The Tribunal (NCAT) determined that the applicant (student) was treated less favourably by the university on the ground of her psychiatric disability. The Tribunal emphasised it was not its role to determine the applicant’s fitness to practise medicine if she were to complete her degree, nor was it the role of the university.
- The case emphasises the importance of educational institutions taking into account the intellectual, emotional and social challenges persons with disabilities may have with their academic work
A claim of discrimination by a medical student with disabilities was considered by the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal in BKY v The University of Newcastle [2014] NSWCATAD 39. The Tribunal held that the university’s decision to reject the student’s application for an extension on the maximum enrolment period permitted under university regulations so she could complete her medical degree constituted discrimination under the Anti-Discrimination Act 1977(NSW). The case emphasises the importance of educational institutions taking into account the intellectual, emotional and social challenges persons with disabilities may have with their academic work, and would be of particular interest to anti-discrimination and employment law solicitors and solicitors advising clients in the educational sector.
