Koppen v Commissioner for Community Relations

Case [1986] FCA 219

Re: KEVIN KOPPEN
And: THE COMMISSIONER FOR COMMUNITY RELATIONS
No. QLD G52 of 1985
Administrative Law - Discrimination - Words and Phrases

COURT

IN THE FEDERAL COURT OF AUSTRALIA


QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
Spender J.
CATCHWORDS

Administrative law - natural Justice - Certificates issued following Compulsory Conference under Racial Discrimination Act 1975 - Alleged bias by person presiding at Conference - Whether such a person under duty to accord natural justice.

Discrimination - Conciliation - Commissioner for Community Relations - Certification that Compulsory Conference has failed to settle complaint - Receipt of such a certificate pre-condition to commencing civil proceedings under Racial Discrimination Act 1975.

Words and Phrases - "in connexion with" - Administrative Decisions (Judicial Review) Act, 1977, s.5(1)(a) - Breach of rules of natural justice by person presiding at Compulsory Conference - Decision by Commissioner for Community Relations following Conference to grant certificates - Whether breach occurred "in connexion with" decision to grant certificates.

Racial Discrimination Act 1975

Administrative Decisions (Judicial Review) Act 1977

Kioa v. Minister for Immigration and Ethnic Affairs (1985) 62 ALR 321

Testro Bros. Pty. Ltd. v. Tait (1963) 109 CLR 353

Mahon v. Air New Zealand Ltd. (1983) 50 ALR 193

In Re Pergamon Press Ltd. (1971) Ch 388

National Companies and Securities Commission v. News Corporation (1984) 52 ALR 417

Selvarajan v. Race Relations Board (1976) 1 All ER 12

HEARING

BRISBANE

#DATE 2:6:1986

ORDER

THE COURT DECLARES that the certificates given on 24 February 1984 are of no effect.

THE COURT ORDERS that the respondent pay the applicant's costs of and incidential to the application, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.

JUDGE1

This is an application under the Administrative Decisions (Judicial Review) Act 1977 (the "Judicial Review Act") to review a decision of the Commissioner for Community Relations given on 24 February, 1984. On 24 February 1984, the Commissioner issued certificates that a person appointed by him had presided over a conference directed to be held under s.22 of the Racial Discrimination Act 1975 ("the Act") and had endeavoured to settle certain matters in dispute and that, as at that date, the matters had not been settled. The receipt of such a certificate is a pre-condition to the commencement of civil proceedings under the Act s.24(3).

  1. The basis of the application is that the person who presided at the conference was affected by bias.

  2. No submission was made that the decision sought to be reviewed in this application was not amenable to review under the Judicial Review Act. So far as is relevant, s.3(2)(b) of the Judicial Review Act provides:-

"(2) In this Act, a reference to the making of a decision includes a reference to - ...

(b) giving ... a certificate".

One of the grounds of review in the Judicial Review Act is that contained in s.5(1)(a), namely that "a breach of the rules of natural justice occurred…

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AGLC
Koppen, K. v. Commissioner for Community Relations [1986] FCA 219
Case
[1986] FCA 219
Decision Date

CaseChat Overview and Summary

The case of Koppen v Commissioner for Community Relations involved the applicant challenging the validity of certificates issued by the respondent following a compulsory conference held under the Racial Discrimination Act 1975. The applicant, Koppen, alleged that the person presiding at the conference, Mr. D'Arcy, exhibited bias, thereby failing to accord natural justice. The dispute came before the Federal Court of Australia, which was tasked with determining whether the presiding officer was under a duty to accord natural justice and whether the alleged bias rendered the certificates invalid.

The central legal issue before the court was whether the person presiding over the compulsory conference had a duty to adhere to the principles of natural justice. Specifically, the court needed to ascertain whether the presiding officer was obligated to ensure that the proceedings were fair and impartial, and if any perceived bias affected the validity of the certificates issued following the conference. The court also considered the scope of its review over the administrative decisions made during the compulsory conference.

In delivering the judgment, the court found that the presiding officer did indeed have a duty to accord natural justice. The court determined that the alleged bias, which included the presiding officer's comments and conduct during the conference, was sufficient to conclude that the principles of natural justice were not observed. Consequently, the court held that the certificates issued as a result of the conference were of no effect. The court further ordered that the respondent pay the applicant's costs of and incidental to the application.

Orders

Orders of the court

THE COURT DECLARES that the certificates given on 24 February 1984 are of no effect.

THE COURT ORDERS that the respondent pay the applicant's costs of and incidential to the application, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.

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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