Matthews v Hargreaves

[2010] FMCA 840

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MATTHEWS v HARGREAVES [2010] FMCA 840

HUMAN RIGHTS – Alleged discrimination – disability and criminal record.

PRACTICE AND PROCEDURE – Application for extension of time – whether any explanation for delay – whether any prejudice to the respondent if extension is granted – whether applicant has an arguable case.

Administrative Decisions (Judicial Review) Act 1977 (Cth)
Australian Human Rights Commission Act 1986 (Cth), ss. 32(3)(c)(iii), 46PE, 46PH, 46PO(1) and (2)
Australian Human Rights Commission Regulations 1989 (Cth), reg.4
Disability Discrimination Act 1992 (Cth), s.15(2)(d)
Federal Magistrates Court Rules 2001 (Cth), r.41.02A

Bahonko v Nurses Board of Victoria & Anor (No 4) (2007) 97 ALD 721; [2007] FCA 1449
Bahonko v Nurses Board of Victoria & Anor [2008] FCAFC 29
Bahonko v Nurses Board of Victoria & Anor [2008] HCASL 358
Croker v TAFE Commission [2009] FCA 1024
Oorloff & Anor v Lee & Ors [2004] FMCA 893
McBride v Victoria (No. 1) [2003] FMCA 285
Ware v OAMPS Insurance Brokers Ltd (2005) EOC 93-402; [2005] FMCA 664
Yee v North Coast Area Health Service [2007] FMCA 1788

Applicant: KELVIN JOHN MATTHEWS

Respondent: TIMOTHY WYNN HARGREAVES

File Number: PEG 144 of 2010

Judgment of: Lucev FM

Hearing date: 1 November 2010

Date of Last Submission: 1 November 2010

Delivered at: Perth

Delivered on: 1 November 2010

REPRESENTATION

The Applicant: In person

The Respondent: In person (by telephone link)

ORDERS

1. That the applicant’s application under section 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth) (“the Act”) for an extension of time in which to file an application under section 46PO(1) of the Act:

   (a)be granted, as to that part of the putative application under section 46PO(1) of the Act related to alleged discrimination on the basis of disability, and that the time for filing of that part of the putative application be extended to 19 August 2010; and

   (b)be dismissed, as to that part of the putative application under section 46PO(1) of the Act related to alleged discrimination on the basis of criminal record.

2. The matter is adjourned to 10:15am on 29 November 2010 for further directions, with both parties having liberty to appear by telephone.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT PERTH

PEG 144 of 2010

KELVIN JOHN MATTHEWS

Applicant

And

TIMOTHY WYNN HARGREAVES

Respondent

REASONS FOR JUDGMENT

Introduction

1. Before the Court earlier this afternoon was an application for an extension of time under s.46PO(2) of the Australian Human Rights Commission Act 1986 (Cth),[1] brought in relation to a putative application alleging discrimination on the basis of disability and criminal record.

   [1] “AHRC Act”.

2. At the time of the alleged discrimination the applicant, Mr Matthews, was Chief Executive Officer of the Shire of Shark Bay. The respondent, Mr Hargreaves, was at that time (and remains) a Councillor of that shire.

Facts

1. By letter dated 19 May 2010[2] the Australian Human Rights Commission[3] advised Mr Matthews that:

   a)a complaint by him against the Shire of Shark Bay had been resolved; and

   b)in relation…