Brandy v Human Rights and Equal Opportunity Commission

The High Court of Australia considered an appeal by Mr Brandy against a decision of the Human Rights and Equal Opportunity Commission (HREOC) and the subsequent judgment of the Federal Court. Mr Brandy had lodged a complaint with HREOC alleging racial discrimination, which HREOC found to be substantiated. However, the Commission's recommendation that Mr Brandy be paid compensation was not implemented by the Attorney-General, leading Mr Brandy to seek judicial review of HREOC's decision and the Attorney-General's inaction.

The central legal issue before the High Court was whether the recommendations made by HREOC under the *Racial Discrimination Act 1975* (Cth) were binding and enforceable, or merely advisory. This question involved an interpretation of the statutory framework governing the Commission's powers and the legal effect of its findings and recommendations in relation to complaints of unlawful discrimination.

The High Court, by majority, held that the recommendations of HREOC were not binding. The Court reasoned that the *Racial Discrimination Act 1975* did not confer upon HREOC the power to make legally enforceable orders. Instead, the Commission's role was to investigate and make recommendations, with the ultimate power to enforce such recommendations resting with the Attorney-General, who could then apply to the Federal Court for an order. As HREOC's recommendations were not binding, the Court found that there was no legal basis for Mr Brandy to seek judicial review of the Commission's decision or the Attorney-General's failure to implement the recommendations. The appeal was dismissed.