Government seeks to overturn student compensation award
THE State Government has sought leave to appeal against a court
decision that awarded a year 11 student more than $80,000 in a
landmark discrimination case.
It is the latest instalment in a nine-year battle that resulted
in the Victorian Civil and Administrative Tribunal finding the
Education Department had discriminated against Rebekah Turner by
failing to provide classroom help for her. Rebekah, 16, has a
severe language disorder and learning disability.
The department’s appeal against the decision in May was
dismissed.
Last month, The Age revealed that the tribunal’s deputy
president, Cate McKenzie, had ordered the department pay Rebekah
$82,000 compensation, as well as provide a full-time teacher’s
aide, remedial tuition and an individual learning plan for the rest
of her time at school.
But the Government, which has employed city law firm Maddocks to
represent it, sought leave to appeal against the decision in the
Supreme Court on Thursday.
If the Government wins the appeal, Rebekah could not only lose
the compensation, but the classroom help ordered by the tribunal as
she starts her VCE at Ringwood Secondary College.
“I can’t imagine the effect on Becky if the assistance she is
receiving was taken away during her VCE,” Access Law
anti-discrimination consultant Julie Phillips said. “It would be
disastrous.”
Access Law principal solicitor Gabriel Kuek urged the Government
to accept decision. He said the litigation had cost both sides
about $1 million so far. “Further litigation at a cost that
exceeded the value of the remedies ordered would be an inexcusable
waste of community resources,” he said.
Rebekah’s mother, Anja, said she was distressed at the
Government’s request for an appeal.
“Every time our family thinks this is over, the Department of
Education tries to overturn decisions in our favour,” she said.
“This is causing our family an enormous amount of stress.”
A department spokeswoman confirmed the application but said it
was inappropriate to comment while the case was before the court.
It could take up to six weeks for the court to decide whether the
appeal will go ahead.
