Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:

1. Dr Altarawneh, the applicant in these proceedings, is an academic employed by the respondent, Charles Sturt University (the University).

2. On 9 February 2024, Dr Altarawneh lodged a complaint with the President of the Anti-Discrimination Board of NSW (the Board) against the University, alleging discrimination and victimisation in breach of the Anti-Discrimination Act 1977 (NSW) (the AD Act).

3. On 14 November 2024, the complaint was referred to the Tribunal under s 93C(b) of the AD Act on the basis that the Board had unsuccessfully endeavoured to resolve the complaint by conciliation.

4. At the applicant's request, the Tribunal has issued a summons to the University to produce a number of documents (the summons). The University has identified 737 documents that respond to the summons. The majority of those documents have been produced without controversy. However, the University objects to the production of 69 documents on various grounds, and seeks orders that the summons be set aside in part, and that certain documents not be required for production.

5. The contested documents have been provided to the Tribunal on a confidential basis.

6. The University was legally represented at the return of summons hearing and Dr Altarawneh represented himself.

7. For the following reasons I have decided to refuse the University's application.

Documents required to be produced

8. The summons sought 18 categories of documents, four of which are relevant to the University's objections. They are:

1) Category 2 - "Comparator probation documents" for Dr Altarawneh's colleague Dr Saeed: "documents relating to his probation process during his first 18 months of employment (if applicable and overlapping with 2023-2024), specifically: a. Staff Member's submission for 6-month and 12-month probation reviews. b. Supervisor/Committee feedback reports for 6-month and 12-month probation reviews".

2) Category 8 - "Whistleblower System Failure Staff Communications: Copies of any communications issues internally to CSU staff or externally regarding the failure of the whistleblowing system or advising individuals whose complaints may have been lost (from 1 January 2021 to 8 April 2025)".

3) Category 9 - "Formal Complaint Investigation File (Sept 2023 Onwards): The Complete investigation file concerning Complaint Case ID ... from 13 September 2023 to present, including all investigator notes, evidence, witness interview records ... internal/external correspondence related to the investigation, draft reports, and decision-making records for the final report issued 26 March 2024".

4) Category 15 - "Acting Course Director Recruitment (March 2023): Records pertaining to the recruitment process for the Acting Course Director Position (School of Computing Mathematics and Engineering) in or around March 2023, including Position Description, Selection Criteria, applications received (Applicant and Dr Saeed), selection panel notes/communications with applicants (including feedback provided), selection report. Additionally, all communications during the opening period before the deadline closed and after the deadline, including content of emails, feedback support provided to candidates, and any documentation of assistance offered to applicants during the application process".

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196fab12078abb095e8add56)

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