Brown v HREOC & Anor

The applicants, Brown and others, sought judicial review of a decision by the Human Rights and Equal Opportunity Commission (HREOC) and the Commonwealth of Australia. The dispute concerned the Commission's finding that the applicants had not been unlawfully discriminated against on the basis of their race, contrary to the *Racial Discrimination Act 1975* (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether HREOC had erred in law in its determination that the applicants had not established a contravention of section 9(1) of the *Racial Discrimination Act 1975*. This involved considering the proper interpretation of the terms "race" and "ethnic origin" as used in the Act and whether the alleged discriminatory conduct fell within the scope of these definitions.

McHugh and Gummow JJ held that the Commission's interpretation of "race" and "ethnic origin" was unduly restrictive and that the applicants had presented sufficient evidence to raise a question of unlawful discrimination. Their Honours reasoned that the ordinary meaning of "race" encompassed a broader understanding than that applied by the Commission, and that the applicants' claims of being treated unfavourably due to their perceived racial characteristics warranted further investigation. The Court found that the Commission had failed to properly consider the evidence in light of the statutory provisions.

The High Court quashed the decision of HREOC and remitted the matter to the Commission for reconsideration according to law.