Student with Disability Successfully Challenges NESA Over Discriminatory HSC Decision: Our client Tom was denied the basic support he needed for his final exams, until our legal team intervened. Suing for unlawful discrimination? Contact our civil lawyers in Sydney.
Case Summary: Suing for unlawful discrimination
Our client, we’ll call him Tom*, was an 18-year-old student with severe developmental dyspraxia. Earlier this year, he was preparing to sit his HSC exams when he was denied vital disability-related adjustments by the NSW Education Standards Authority (NESA). Despite clear medical diagnoses affecting his ability to write and communicate, NESA rejected his requests for a laptop, extra time, and rest breaks. All of these requests were essential to ensure equal access to Tom’s exams.
After an internal review also failed, Tom’s family turned to our civil lawyers in Sydney. Our team, lead by our top Sydney Civil Solicitor, Megan Kirk, took immediate action. She worked with a top NSW barrister and lodged a formal complaint with the Australian Human Rights Commission (AHRC), warning them of legal proceedings and media escalation.
Just days later, NESA reversed its decision, granting Tom the provisions he needed, including laptop access, ensuring a fair and accessible examination process.
Read our other successful Civil Case Studies.
Background: Discrimination Through Denial of Support
Tom has been diagnosed with severe oral, verbal, and motor dyspraxia, conditions that significantly impact his ability to write by hand or speak clearly. With support from his medical team, Tom’s parents applied for reasonable adjustments during the HSC, including:
- Use of a laptop
- Extra time to type responses
- Rest breaks
- Small group supervision
Shockingly, NESA denied almost all requests, claiming they were unnecessary, despite the medical evidence. The family appealed through an internal review, which also failed, without any reasons provided.
Our Legal Strategy for Suing for Unlawful Discrimination: Fast, Firm, and Focused
Once retained, our team acted swiftly. We:
- Sent a letter of complaint to the AHRC and the Department of Education
- Alleged unlawful discrimination under anti-discrimination legislation in Australia
- Demanded NESA reverse its decision immediately
- Warned that if no action was taken, we would commence proceedings
The urgency of the situation, with exams fast approaching, was clear. The AHRC promptly contacted NESA and proposed conciliation. Within days, NESA overturned the decision and granted Tom access to a laptop, enabling him to complete his exams fairly.
Outcome
- Laptop access approved for HSC
- Unlawful discrimination complaint resolved
- Legal action avoided
- Client avoided educational disadvantage
Tom and his parents were thrilled with the result, and relieved that justice was served without needing to go to court.
Suing for Unlawful Discrimination? We Can Help
If you or your child has been denied equal treatment by an educational institution, employer, or government agency, you may have grounds to sue for unlawful discrimination.
At O’Brien Criminal and Civil Solicitors, our experienced civil lawyers in Sydney can help you:
- File complaints with the AHRC or Anti-Discrimination NSW
- Seek urgent relief for time-sensitive matters
- Negotiate or litigate unlawful discrimination claims
- Protect your rights and your future
Need a lawyer for Unlawful Discrimination?
Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
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*We always change details in our case studies to protect client confidentiality.
