Peacock v Human Rights and Equal Opportunity Commission

Peacock brought a claim against the Human Rights and Equal Opportunity Commission (HREOC) which was dismissed by the Federal Magistrate and subsequently by the Full Federal Court. The central issue was whether the Federal Magistrate erred in dismissing Peacock's application for judicial review of HREOC's decision to not conduct an inquiry into Peacock's complaint of discrimination. Peacock argued that his complaint should have been considered under a different section of the HREOC Act, which would have allowed for an inquiry into whether he was discriminated against. The court found that Peacock's complaint was misconceived and lacking in substance, and that HREOC had adequately dealt with it. The court further found that Peacock's argument that his complaint should have been considered under a different section of the Act did not make his complaint a new one, and that he was bound by previous decisions regarding his complaints.

The Full Federal Court dismissed Peacock's appeal, finding that the Federal Magistrate did not err in dismissing the application for judicial review. The court noted that Peacock's complaint was misconceived and lacking in substance, and that HREOC had adequately dealt with it. The court also found that Peacock's argument that his complaint should have been considered under a different section of the Act did not make his complaint a new one, and that he was bound by previous decisions regarding his complaints. The court further found that the Federal Magistrate's direction to HREOC to participate in the application before him did not amount to error. The appeal was dismissed, and Peacock was ordered to pay the respondent's costs.