Traeger Park School v. Minister of Education Northern Territory of Australia
Commission found that the decision was one based on race. However, he also determined that the Minister's subjective purpose was for the maintenance of educational opportunities and services for those children.
The Commissioner determined that the Minister's decision was based on the view that mainstreaming the students would be in their longer term interests and not made with the 'purpose or effect of nullifying or impairing recognition, enjoyment or exercise on an equal footing of any human right' such as 'the right to education and training'.
The students' rights to education were, in the Commissioner's interpretation of the Act, sufficiently protected so long as they had access to some form of education. Their rights did not seem to extend to the form that that education took.
Adapted from Traeger Park School – A Case for Human Rights? Christine Walton