FEDERAL COURT OF AUSTRALIA
Macras v Victoria Police [2019] FCA 1848
Appeal from: Application for leave to appeal: Macras v Victoria Police [2018] FCCA 1908 File number: VID 979 of 2018 Judge: DAVIES J Date of judgment: 13 November 2019 Catchwords: HUMAN RIGHTS – discrimination – application for leave to appeal from Federal Circuit Court of Australia – applicant diagnosed with Autism Spectrum Disorder – claim that police interception and illicit drug tests constituted discrimination on basis of disability – causal requirements in ss 5(1) and 6 of Disability Discrimination Act 1992 (Cth) – no reasonable prospects of success – application dismissed Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO
Disability Discrimination Act 1992 (Cth) ss 5, 6, 8, 39, 42
Federal Circuit Court of Australia Act 1999 (Cth) s 17A
Federal Circuit Court Rules 2001 (Cth) r 13.10
Federal Court of Australia Act 1976 (Cth) s 24
Federal Court Rules 2011 (Cth) r 4.12
Human Rights and Equal Opportunity Commission Act 1986 (Cth)
Magistrates’ Court Act 1989 (Vic) s 14
Cases cited: Bellamy’s Australia Ltd v Basil [2019] FCAFC 147
Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Luck v University of Southern Queensland [2014] FCAFC 135
Mulligan v Virgin Australia Airlines Pty Ltd (2015) 234 FCR 207; [2015] FCAFC 130
MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585; [2015] FCA 1391
Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92; [2003] HCA 62
Robinson v Commissioner of Police, New South Wales Police Force [2013] FCAFC 64
Sklavos v Australasian College of Dermatologists (2017) 256 FCR 247; [2017] FCAFC 128
Tropoulos v Journey Lawyers Pty Ltd (2019) 287 IR 363; [2019] FCA 436
Date of hearing: 30 May 2019 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 27 Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondent: Mr C Tran Solicitor for the Respondent: Victorian Government Solicitor’s Office ORDERS
VID 979 of 2018 BETWEEN: STEPHEN MACRAS
Applicant
AND: VICTORIA POLICE
Respondent
JUDGE:
DAVIES J
DATE OF ORDER:
13 NOVEMBER 2019
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The applicant pay the costs of the respondent, such costs to be taxed in default of agreement.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
DAVIES J:
The applicant, Mr Macras, has applied for an extension of time in which to seek leave to appeal and for leave to appeal the decision of the Federal Circuit Court of Australia (“FCC”) in Macras v Victoria Police [2018] FCCA 1908. An extension of time is not required because Mr Macras filed his application for leave within 14 days after the date on which the FCC pronounced the orders. Leave to…
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- Case
- [2019] FCA 1848
- Decision Date
CaseChat Overview and Summary
The court considered the definitions of discrimination and disability under the Act, noting that discrimination on the basis of disability occurs when a person with a disability is treated less favourably than another person without the disability, in circumstances related to the disability, and where the treatment cannot be justified. The court further examined the causal requirements, which involve a substantial adverse effect on the person with a disability due to the disability, as a result of the conduct in question. After weighing the evidence and arguments presented by both parties, the court found that the applicant had not demonstrated a reasonable prospect of success on appeal. Consequently, the application for leave to appeal was dismissed.
In accordance with Rule 39.32 of the Federal Court Rules 2011, the orders of the court were that the application for leave to appeal be dismissed, and that the applicant pay the costs of the respondent, with costs to be taxed in default of agreement. This decision underscores the importance of meeting the stringent criteria for leave to appeal and highlights the court's approach to assessing discrimination claims under the Disability Discrimination Act 1992 (Cth).
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The applicant pay the costs of the respondent, such costs to be taxed in default of agreement.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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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