Australian Medical Council v Wilson

This case concerned a challenge to the registration requirements of the Australian Medical Council (AMC), brought by Dr Burney Siddiqui, a medical practitioner and graduate of Osmania University Medical School in Hyderabad, India. Dr Siddiqui sought registration to practise medicine on an unrestricted basis in Victoria. To do so, he had to satisfy the requirements of the Medical Practitioners Act 1970 (Vic) and pass examinations set by the AMC. The AMC was only accredited by Australian and New Zealand Universities, so Dr Siddiqui had to pass a multiple choice examination (MCQ) and a clinical examination. A quota was imposed on the number of candidates eligible for the clinical examination, limited to the first 200 who passed the MCQ. Dr Siddiqui was not within the first 200 and therefore did not qualify for the clinical examination. Dr Siddiqui complained to the Human Rights and Equal Opportunity Commission (the Commission) that the setting of the quota and its application to him contravened s 9(1) and (1A) of the Racial Discrimination Act 1975 (Cth) (RDA). The Commission upheld his complaint as to s 9(1A) and awarded damages of $50,000. The AMC and the Commonwealth Minister for Health, who had been joined as parties to the proceeding before the Commission, have applied to this Court for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth). Dr Siddiqui also seeks an order for review on the ground of the alleged inadequacy of the damages award. The Court held that the setting of the quota and its application to Dr Siddiqui did not contravene the RDA. The Court set aside the determination of the Commission and dismissed Dr Siddiqui's complaint. Dr Siddiqui was ordered to pay the costs of the AMC's application.