Purvis v New South Wales

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJALEXANDER PURVIS on behalf of DANIEL HOGGAN   APPELLANTANDSTATE OF NEW SOUTH WALES (DEPARTMENTOF EDUCATION AND TRAINING) & ANOR   RESPONDENTSPurvis v New South Wales (Department of Education and Training)[2003] HCA 6211 November 2003S423/2002ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:S J Gageler SC with K L Eastman for the appellant (instructed by Legal Aid Commission of New South Wales, Coffs Harbour Regional Office)M G Sexton SC, Solicitor-General for the State of New South Wales with C A Ronalds for the first respondent (instructed by Crown Solicitor for the State of New South Wales)J Basten QC for the second respondent (instructed by Human Rights and Equal Opportunity Commission)Interveners:D M J Bennett QC, Solicitor-General of the Commonwealth of Australia with M A Perry intervening on behalf of the Attorney-General of the Commonwealth of Australia (instructed by Australian Government Solicitor)G J Williams intervening on behalf of People with Disabilities (NSW) Inc (instructed by New South Wales Disability Discrimination Legal Centre Inc)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPurvis v New South Wales (Department of Education and Training) Discrimination law – Disability discrimination – Suspension and subsequent exclusion from school of pupil who repeatedly assaulted teachers and other pupils – Where pupil's behaviour a consequence of brain damage – Whether pupil discriminated against on the ground of disability – Meaning of "disability" – Whether obligation to provide...