Human Rights & Equal Opportunity Commission v Commonwealth of Australia

The applicant, the Human Rights and Equal Opportunity Commission, sought special leave to appeal from a decision of the Full Court of the Federal Court of Australia concerning the interpretation of the *Sex Discrimination Act 1984* (Cth). The respondent was the Commonwealth of Australia. The dispute centred on the application of sections 5, 6, and 7 of the Act, which deal with discrimination on the grounds of sex, marital status, and pregnancy, respectively.

The primary legal issue before the High Court was whether the interpretation of discrimination under section 6(1) of the *Sex Discrimination Act 1984* required an examination of the reasonableness of imposed conditions, or if the Act was intended to avoid such extensive factual inquiries. The Commission argued that section 6(1) was designed to prevent discrimination on specified grounds, thereby obviating the need for detailed factual investigations into the reasonableness of discriminatory conditions, which was a concern raised by the respondent and a point of division within the Full Court.

The Commission contended that the practical administration of the Act would be significantly impacted if the respondent's interpretation prevailed, as it would necessitate lengthy factual examinations in each case. They submitted that the purpose of section 6(1) was precisely to avoid such detailed inquiries, and that focusing on section 6(2), which deals with the imposition of conditions that may result in discrimination, would misdirect the application of the Act. The Court considered whether to grant special leave to appeal on this point of statutory interpretation.