IW v City of Perth

The High Court of Australia considered an appeal by IW, a member of an incorporated association, against the City of Perth. The dispute arose from the City of Perth's refusal to grant planning approval for a proposed drop-in centre for people with HIV/AIDS. IW alleged that this refusal constituted unlawful discrimination on the ground of impairment, contrary to the *Equal Opportunity Act 1984* (WA).

The central legal issues before the High Court were whether the City of Perth's refusal of planning approval amounted to a refusal to provide "services" within the meaning of the *Equal Opportunity Act 1984* (WA), whether IW was an "aggrieved person" under the Act, and how to identify the appropriate "notional person" for comparison when determining if the treatment was discriminatory. The Court also had to consider whether the refusal was "on the ground of" impairment and whether the councillors could be held personally liable for causing or aiding the act of discrimination.

The High Court reasoned that the provision of planning approval by a local government authority did not constitute a "service" in the ordinary sense contemplated by the *Equal Opportunity Act 1984* (WA). The Court held that the Act was not intended to regulate the exercise of statutory powers by public bodies in the way that IW contended. Furthermore, the Court found that the refusal was not made "on the ground of" impairment, as the decision-making process focused on planning considerations rather than the characteristics of the intended users of the centre. The Court also determined that the councillors were not personally liable.

The appeal was dismissed with costs.