Brandy v Human Rights and Equal Opportunity Commission

Brandy (the applicant) sought judicial review of a decision made by the Human Rights and Equal Opportunity Commission (the respondent) concerning a complaint of unlawful discrimination. The applicant had lodged a complaint with the Commission alleging racial discrimination in employment. The Commission, after investigating the complaint, made a recommendation that the applicant's employer take certain steps to address the discrimination. The applicant, dissatisfied with the Commission's recommendation, sought to have it quashed by the court.

The central legal issue before Gaudron J was whether the Human Rights and Equal Opportunity Commission had the power to make recommendations that were binding on the parties involved in a discrimination complaint. Specifically, the court had to determine the nature and legal effect of the recommendations made by the Commission under the relevant provisions of the *Racial Discrimination Act 1975* (Cth). The applicant argued that the Commission's recommendations were, in effect, orders that should have been complied with, and that the Commission had failed to ensure such compliance.

Gaudron J considered the statutory framework governing the Commission's powers. Her Honour found that the *Racial Discrimination Act 1975* (Cth) did not confer upon the Human Rights and Equal Opportunity Commission the power to make binding decisions or orders. Instead, the Act empowered the Commission to investigate complaints, conciliate disputes, and make recommendations. These recommendations were advisory in nature and did not create legally enforceable obligations on the parties. Consequently, the Commission could not be compelled to enforce its own recommendations as if they were judicial pronouncements.

The application for judicial review was dismissed.