Myatt v President of the Australian Human Rights Commission

In *Myatt v President of the Australian Human Rights Commission*, Nettle J of the Federal Court of Australia considered a dispute between Mr Myatt and the President of the Australian Human Rights Commission concerning a complaint made by Mr Myatt under the *Racial Discrimination Act 1975* (Cth). Mr Myatt alleged that he had been subjected to unlawful racial discrimination.

The central legal issue before the Court was whether the President had erred in law by failing to dismiss Mr Myatt's complaint under section 46PB(1)(b) of the *Australian Human Rights Commission Act 1986* (Cth). This provision requires the President to dismiss a complaint if it appears that the complaint is frivolous, vexatious, or lacking in substance. Mr Myatt contended that the President's decision not to dismiss his complaint was an error of law, arguing that the complaint was indeed frivolous, vexatious, or lacking in substance.

Nettle J's reasoning focused on the proper interpretation of section 46PB(1)(b). His Honour held that the threshold for dismissing a complaint under this section is a high one. The President is not required to conduct a full investigation into the merits of the complaint at this preliminary stage. Instead, the President must be satisfied that the complaint is demonstrably without merit, frivolous, or vexatious. Nettle J found that the President had applied the correct legal test and had not erred in law in deciding not to dismiss Mr Myatt's complaint.

The application for judicial review was dismissed.