International Student Travel Concessions
Fare Go for International Students
International students in NSW do not receive travel concessions. In 2006, a legal tribunal has ruled international students should receive them (see more below), and that the State Government's refusal to allow this was illegal discrimination.
The State Government responded by changing the law to make the Travel Concessions Act exempt from anti-discrimination law. This is a grossly cynical and exploitative move by the State Government.
International students are students first, international second. They deserve equal treatment.
WUPA, WUSA and ICIS are running a postcard campaign to help change the law.
To help us, pick up one of our postcards (illustrated to the left). You can get them from the offices of WUPA, WUSA and ICIS.
Fill out the back in blue or black pen. Then hand the postcard in to one of the offices, or post it to the address on the back.
You can also give the postcards to friends to fill out. You don't have to be an international student, or even a student, to fill out this postcard. Any adult can support this campaign.
WUPA is an active member of the state-wide Cross-Campus Concessions Coalition. If you'd like to take part, please contact us.
Summary of the Case
The following summary of the case and issues arising from it was prepared by Mr Aristotle Paipetis for the Cross-Campus Concessions Coalition.
Since 1989, the New South Wales Government has refused to issue travel concessions to international students for use on NSW public transport. In response to this, various international students, supported by SUPRA, brought a complaint against the relevant NSW governmental minister and the NSW Public Transport Authorities, alleging that the failure to issue travel concessions to international students amounted to discrimination against these students on the basis of their race.
On 23 March 2006 the NSW Administrative Decisions Tribunal (“ADT”) decided the complaint in favour of the international students. The ADT found that the failure of the NSW Government to issue travel concessions to International Students was racially discriminatory and therefore unlawful. As a result of this decision, it appeared that the way was clear for international students to apply for, and be granted, travel concessions.
Despite the decision of the NSW ADT, the NSW Government has continued to refuse to issue travel concessions to international students. In doing so, the NSW Government has continued to act in a discriminatory manner.
In order to legitimise its actions, the NSW Government is attempting to pass laws stating that the NSW Government's decision to treat international students differently in terms of issuing travel concessions is lawful. It is important to note that the NSW Government's proposed amendments do not suggest that the government is not discriminating against international students. Instead, the NSW Government's proposed amendments mean that it is legal for the NSW Government to continue to treat international students differently to non-international students in issuing travel concessions.
If and when the NSW Government does this, international students will be unable to make any claims for travel concessions as the NSW Government will be lawfully discriminating against international students.
By introducing such a change, the NSW Government will have avoided the real issue behind the complaint that was brought against it — not whether it was legal for the NSW Government to refuse to issue international students with travel concessions, but whether the NSW Government unfairly discriminated against international students by refusing to issue travel concessions to them.
It is important that international students consider their rights. They may be able to gain compensation for the additional expenses that they have incurred because they were not granted travel concessions, for any period prior to the proposed change in law.
The full text of the ADT's decision can be read online.
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