Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. Mr Margan complained to the President of the Anti-Discrimination Board that Macquarie University had discriminated against him on the ground of homosexuality by subjecting him to a detriment: Anti-Discrimination Act 1977 (NSW), s 49ZO. The discriminatory treatment was assigning him to a Catholic school for a three week placement (10 October to 28 October 2022) for the Master of Teaching course; retaining him in that placement or not reassigning him to another placement once concerns were raised; and initiating a 'fitness to practice' process after requesting removal from the placement.

2. Mr Margan contends that the University knows that he is a homosexual man and knew or should have known that it was dangerous for him to be given a placement in a religious school. According to Mr Margan it is a notorious fact that religious schools, especially Catholic schools, have a public and active opposition to LGBT+ rights.

3. Mr Margan's second complaint is that the University victimised him in breach of s 50(1)(c) of the Anti-Discrimination Act. He says that after he complained that staff at the Catholic school had discriminated against and harassed him, the University refused to allow him to withdraw from the course without penalty and failed to properly manage his complaint. He also says that the University informed the school of his complaint while he was still at the school rather than withdrawing him from the placement. Mr Margan alleges that this conduct exposed him to the additional detriment of being a complainant while being at the mercy of those being complained about.

4. The President accepted the complaints for investigation but declined them as "lacking in substance" under s 92(1)(a)(i). Mr Margan exercised his right to require the President to refer the complaints to the Tribunal: Anti-Discrimination Act, s 92 and s 93A. A complaint that is referred to the Tribunal on the requirement of a complainant "may not be the subject of proceedings before the Tribunal without the leave of the Tribunal": Anti-Discrimination Act, s 96(1). The word "leave" means "permission".

5. I have refused to give Mr Margan permission for his complaints of homosexual discrimination and victimisation against the University to go ahead. The conduct which Mr Margan has identified as being detrimental to him as a homosexual person or which he perceives as being unfair, dangerous or done in retribution for complaining, is lacking in substance. Contrary to Mr Margan's submission, there is no duty of care under the Anti-Discrimination Act for the University to take "every reasonable precaution to prevent the reasonably foreseeable harm" of being placed in a Catholic school. Even if the University placed Mr Margan in a Catholic school knowing that he is homosexual, that is not a breach of the Anti-Discrimination Act. Nor has the University victimised Mr Margan by subjecting him to a "detriment" because he complained about harassment or discrimination by staff at the school.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198835521fa7400079ab5c64)

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