L v H.R.E.O.C. - [2006] FMCA 1291

FEDERAL MAGISTRATES COURT OF AUSTRALIA

L v H.R.E.O.C. & ANOR

[2006] FMCA 1291

ADMINISTRATIVE LAW – Judicial review of decisions of the Human Rights and Equal Opportunity Commission – refusal to accept complaint – acceptance and separation of part of complaint – termination of complaint on the basis that the alleged discrimination occurred more than 12 months previously – whether the termination procedurally unfair, unreasonable or overlooked relevant considerations considered.

Administrative Decisions (Judicial Review) Act 1977 (Cth)
Disability Discrimination Act 1992 (Cth)
Human Rights and Equal Opportunity Commission Act 1986 (Cth), s.46PH
Sex Discrimination Act 1984 (Cth)

Field v Human Rights and Equal Opportunity Commission [1999] FCA 1711
L v Human Rights and Equal Opportunity Commission & Anor [2006] FCAFC 114

Applicant:

First Respondent:

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent:

COMMONWEALTH OF AUSTRALIA

File Number:

SYG288 of 2004

Judgment of:

Driver FM

Hearing date:

1 September 2006

Date of Last Submission:

7 September 2006

Delivered at:

Sydney

Delivered on:

30 October 2006

REPRESENTATION

The Applicant appeared in person

Solicitors for the First Respondent:

Ms J Hemingway
Human Rights and Equal Opportunity Commission

Solicitors for the Second Respondent:

Ms D Watson
Australian Government Solicitor

ORDERS

The decision made by HREOC on 9 January 2004 to refuse to inquire into the applicant’s complaints against the Refugee Review Tribunal, the Commonwealth Rehabilitation Service and officers is set aside, and those complaints are remitted to HREOC for investigation according to law.
The application is otherwise dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG288 of 2004

Applicant

And

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

This is an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“the ADJR Act”) seeking review of two decisions of the Human Rights and Equal Opportunity Commission (“HREOC”) made on 9 and 19 January 2004. The first respondent (HREOC) filed a submitting appearance on 2 March 2004. The second respondent (the Commonwealth of Australia) was joined by my order made on 1 August 2006 in order to provide the opportunity for any Commonwealth agency with an interest in the application to respond to it. On 25 August 2006 the Commonwealth filed a response that the application, insofar as it seeks relief in relation to the HREOC decision made on 19 January 2004 should be dismissed with costs.
On 24 August 2006 HREOC wrote to the applicant and the Court to advise that it would concede that part of the application relating to its decision made on 9 January 2004 to refuse to accept complaints in relation to the Refugee Review Tribunal, CRS Australia and others as complaints under s.46P of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (“the HREOC Act”). That correspondence also states that HREOC makes no concession in relation to the applicant’s complaint in relation to the SSAT or other orders sought by her.
The decision of 9 January 2004 was a decision taken…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2006] FMCA 1291
Decision Date: 30 October 2006

CaseChat Overview and Summary

In the case of L v Human Rights and Equal Opportunity Commission, the applicant sought judicial review of a decision by the Commission not to investigate complaints against several government bodies. The respondent to the application was the Human Rights and Equal Opportunity Commission, which had determined not to pursue an investigation into the applicant's grievances against the Refugee Review Tribunal, the Commonwealth Rehabilitation Service, and individual officers. The application was heard by the Federal Court of Australia, which was tasked with determining whether the Commission's decision was legally sound.

The central legal issue before the court was whether the Commission had exercised its discretion to refuse an investigation in a manner that was lawful, rational, and procedurally fair. The applicant argued that the Commission had failed to consider all relevant material, had not properly weighed the merits of the complaints, and had not afforded the applicant procedural fairness. The respondent, on the other hand, contended that its decision was within its statutory powers and was based on a proper exercise of discretion.

In delivering the judgment, the court found that the Commission had indeed failed to properly exercise its discretion. The court held that the Commission had not considered all relevant material and had not adequately weighed the merits of the applicant's complaints. The court also found that the Commission had not provided the applicant with adequate procedural fairness. Consequently, the court set aside the decision of the Commission and remitted the complaints back to the Commission for investigation in accordance with the law. The court dismissed the application in all other respects.

Orders

Orders of the court

The decision made by HREOC on 9 January 2004 to refuse to inquire into the applicant’s complaints against the Refugee Review Tribunal, the Commonwealth Rehabilitation Service and officers is set aside, and those complaints are remitted to HREOC for investigation according to law.

The application is otherwise dismissed.

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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