Aitken & Ors v Vic

[2013] VSCA 28

Victorian Court of Appeal

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Interrogate

Catchwords

1. Discrimination
2. › Direct discrimination
3. › Religious belief or activity
4. › Non-compulsory religious instruction in government schools
5. › Whether failure to provide instruction to non-participating children constituted discrimination
6. › Equal Opportunity Act 1995 (Vic), ss 8, 37(2)
7. › Equal Opportunity Act 2010 (Vic), ss 8, 38(2)
1. Discrimination
2. › Direct discrimination
3. › Comparator test
4. › Whether finding of less favourable or unfavourable treatment requires findings about treatment of comparator group
5. › Equal Opportunity Act 1995 (Vic), s 8(1)
6. › Equal Opportunity Act 2010 (Vic), s 8(1)
1. Appeal
2. › Leave to appeal from VCAT
3. › Questions of law
4. › Whether proposed grounds raised questions of law with sufficient doubt to justify grant of leave
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Practice and Procedure
2. › Costs
3. › Protective costs orders
4. › Whether Court of Appeal has jurisdiction to make protective costs order
5. › Whether discretion should be exercised
6. › Supreme Court Act 1986 (Vic), s 24(1)
7. › Civil Procedure Act 2010 (Vic), s 65C

Quick Take

The question whether s 8(1) of the Equal Opportunity Act 2010 (Vic) requires findings about a comparator group for direct discrimination remains unresolved in Victoria. The provision of non-compulsory SRI during school hours, where non-participating children engage in supervised educational activities, does not constitute direct discrimination on the ground of religious belief. The existence of jurisdiction to make protective costs orders in the Victorian Court of Appeal was left open.