Tuesday, December 21, 2010

Mason v Methodist Ladies College

Mason v Methodist Ladies College --- the case of X, an autistic child who was not allowed to undertake kindergarten at MLC --- has been settled with MLC issuing an apology to the child and her parents, admitting fault. [Story on PerthNow, including the apology, and also ABC News Online]

The Mason's complaint was first brought before the Human Rights and Equal Opportunity Commission (HREOC). A case was then filed in the Federal Magistrates Court, alleging a breach of the Disability Discrimination Act 1992 (Cth) --- specifically, the Disability Standards for Education 2005 (Cth) --- as well as breach of contract. Orders were also sought under s 87 of the Trade Practices Act 1974 (Cth).

Lucev FM ordered that proceedings be transferred to the Federal Court ([2009] FMCA 570), as they were complex and touched on an important issue of law.

The settlement concludes those proceedings.

As the settlement is confidential, the lack of reported decisions under the Standards looks set to continue.

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