NEW SOUTH WALES COURT ISSUES JUDGEMENT ON M - APPLICANT V/S SECRETARY, NSW DEPARTMENT OF EDUCATION - RESPONDENT CASE

Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:

1. The substantive proceedings in this matter concern an application under section 84 of the Industrial Relations Act 1996 (the IR Act) alleging the termination of the Applicant from her position as a Student Learning Support Officer - Hearing Support (an SLSO) employed by the education service was harsh and unjust or unreasonable.

2. The Applicant worked as an SLSO at schools in regional New South Wales, between May 2022 and October 2024. During that period of employment, the Applicant came to be in a relationship with another person employed by the Respondent (that I will refer to as W1), who worked at the same school. W1 had three young children from a previous relationship (that I will refer to as W2, W3 and W4). In the course of that relationship the Applicant came to live with W1 and W1's children.

3. On 29 January 2023, the Applicant and W1 had an argument. Police were called. In the result, the Applicant was charged with a number of criminal offences. An Apprehended Domestic Violence Order (an ADVO) was taken out against the Applicant in favour of W1, W2, W3 and W4.

4. On 3 October 2023, those charges were listed for a defended hearing before the Local Court of New South Wales. After negotiations between the Applicant's then legal representatives and the police prosecutor for the NSW Police Force, the Applicant entered a plea of guilty to a number of the charges. The remaining charges were withdrawn. The matter proceeded to conviction and sentence on agreed facts. The offences to which the Applicant plead guilty were, broadly described:

1) Assault occasioning actual bodily harm pursuant to section 59(1) of the Crimes Act 1900 (NSW) (Crimes Act);

2) Intentionally choke a person with recklessness pursuant to section 37(1) of the Crimes Act;

3) Stalk/intimidate intend fear physical etc harm (domestic) pursuant to section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

5. W1 was the victim in each case.

6. The Applicant was sentenced to 3 community corrections orders to run concurrently from 3 October 2023. Final Domestic Violence Orders were also made in favour of W1, W2, W3 and W4.

7. Conviction of these offences empowered the Respondent, subject to affording the Applicant an opportunity to make a submission, [1] to take disciplinary and/or remedial action [2] under the Education (School Administrative and Support Staff) Act 1987 (NSW) (hereafter the SASS Act).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19853586f775bd1f22fad986)

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