Khan v Commissioner, Department of Corrective Services & anor (EOD)

The appeal was brought by the appellant, Khan, against the first respondent, the Commissioner of the Department of Corrective Services, and the second respondent, a staff member of the Department. The dispute revolves around Khan's complaints of race discrimination and victimisation within the Department, which were dismissed by the Tribunal. The appeal was heard in the Administrative Appeals Tribunal (AAT) of Australia.

The central legal issues that the court had to address were whether the Tribunal correctly interpreted the relevant statutory provisions and whether it properly assessed the evidence to conclude that Khan's complaints were not substantiated. Specifically, the court needed to determine if the Tribunal erred in its interpretation of the statutory provisions related to race discrimination and victimisation, and if the Tribunal's findings were open to being set aside on the basis that they were unreasonable.

The court found that the Tribunal had indeed erred in its interpretation of the statutory provisions. It held that the Tribunal failed to properly consider the effect of the statutory provisions and misapplied the legal standards. Furthermore, the court determined that the Tribunal's findings were unreasonable and not supported by the evidence. Consequently, the court set aside the Tribunal’s decisions and remitted the matter back to the Tribunal for reconsideration in accordance with the court's reasons and directions. The court also rejected the respondent's application for costs.