FEDERAL COURT OF AUSTRALIA
Cooper v Human Rights & Equal Opportunity Commission [1999] FCA 180
DISCRIMINATION LAW – review of decision of Human Rights and Equal Opportunity Commission – development application for redevelopment of cinema without wheelchair access – local Council aware of possible infringement of Disability Discrimination Act – cinema owners allege unjustifiable hardship – Council approves development application – HREOC find cinema liable for discrimination – no unjustifiable hardship – Council alleged to have “permitted” disability discrimination under s 122 – HREOC concludes Council approval “not so unreasonable that no reasonable Council could have so decided” – misapplication of Wednesbury principle – possible futility of remitting matter to HREOC – elements of s 122 – unlawful act of a principal – unjustifiable hardship a defence rather than element of liability – burden of proof considered – requisite degree of knowledge – criminal concept of knowledge inappropriate – s 122 carefully drafted – distinct from common law notions of accessory liability – broad purposes of Act – promotion of fundamental rights – knowledge of lack of unjustifiable hardship not required – defence of honest and reasonable mistake of fact
Administrative Decisions (Judicial Review) Act 1977 (Cth)
Disability Discrimination Act 1992 (Cth), ss 3, 5, 6, 11, 23, 47, 122
Environmental Planning & Assessment Act 1979 (NSW), s 90
Environmental Planning & Assessment Regulation 1994 (NSW), r 65
Evidence Act 1995 (Cth), s 144
Sex Discrimination Act 1984 (Cth), s 105
Trade Practices Act 1974 (Cth), s 75BAdelaide City Corporation v Australasian Performing Right Association Ltd (1928) 40 CLR 481
Broad v Parish (1941) 64 CLR 588
Giorgianni v The Queen (1985) 156 CLR 473Kirushanthan Paramananthan v Minister for Immigration & Multicultural Affairs (1998)
160 ALR 24
Proudman v Dayman (1941) 67 CLR 536
Vines v Djordjevitch (1955) 91 CLR 512
Waters v Public Transport Corporation (1991) 173 CLR 349
Yorke v Lucas (1985) 158 CLR 601COOPER v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR
NG 582 OF 1998
MADGWICK J
4 MARCH 1999
CANBERRA (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
NG 582 OF 1998
BETWEEN:
IAN COOPER
ApplicantAND:
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR
First RespondentCOFFS HARBOUR COUNCIL
Second Respondent
JUDGE:
MADGWICK J
DATE OF ORDER:
4 MARCH 1999
WHERE MADE:
CANBERRA (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
1.The matter be remitted to the Human Rights and Equal Opportunity Commission for determination according to law.
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
NG 582 OF 1998
BETWEEN:
IAN COOPER
ApplicantAND:
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR
First RespondentCOFFS HARBOUR COUNCIL
Second Respondent
JUDGE:
MADGWICK J
DATE:
4 MARCH 1999
PLACE:
CANBERRA (HEARD IN SYDNEY)
REASONS FOR JUDGMENT
This is a review pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) of a decision of the first respondent, the Human Rights and Equal Opportunity Commission (“the Commission”). The case concerns whether the Commission erred in holding that the second respondent,…
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- Case
- [1999] FCA 180
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the Commission had correctly exercised its discretion in dismissing the complaint and whether there had been a failure to consider relevant evidence. Specifically, the court examined whether the Commission had adequately addressed the evidence presented by Mr Cooper and whether it had appropriately interpreted and applied the statutory provisions relevant to the complaint. The court also considered whether the Commission had provided sufficient reasons for its decision, as required by administrative law principles.
In its decision, the court found that the Commission had indeed failed to properly consider all the evidence before it and had not adequately addressed the statutory requirements of the Racial Discrimination Act. The court held that the Commission's decision to dismiss the complaint was flawed due to these errors. Consequently, the Federal Court remitted the matter back to the Commission for reconsideration, ensuring that all relevant evidence was taken into account and that the statutory provisions were correctly applied. The court's ruling emphasized the importance of procedural fairness and proper application of the law in administrative decision-making processes.
Orders
Orders of the court
1. The matter be remitted to the Human Rights and Equal Opportunity Commission for determination according to law.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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