The University Helen* attended decided that she couldn’t progress to the second year of her course as she had not met the requisite competency in her exam. Queensland Advocacy Incorporated argued that Helen had not been provided with reasonable adjustments in the exam and this was because an agency attached to the university hadn’t applied for adjustments.
Queensland Advocacy Incorporated – Human Rights Legal Service were able to distinguish the cases of Brackenreg and Bishop. The distinction between the two cases could be summarised in that the adjustment in Brackenreg related to a level of attainment and knowledge required for the award.
In Bishop, the adjustment referred to the structure and delivery of the examination.
The Queensland Advocacy Incorporated – Human Rights Legal Service represented Helen at an Anti-Discrimination Commission Qld conciliation.
Jason Abraham and Dr Emma Phillips both Queensland Advocacy Incorporated Solicitors, attended the conciliation with Helen and supported her with complaining to the university at conciliation. Conciliation revealed that there were several areas in which facts were in dispute.
Ultimately, the matter was deemed not to be conciliatory.
(*not their real name)