Praljak v Department of Defence

The case of Praljak v Department of Defence concerns the applicant's claim of discrimination by the Defence Force in refusing his application to join the Australian Defence Forces due to medical ineligibility. The applicant alleged that this refusal constituted unlawful disability discrimination under the Disability Discrimination Act 1992 (Cth). The applicant has admitted to having a permanent lower back condition and certain mental conditions. The court was required to determine whether the exemptions in sections 53 and 21A of the Disability Discrimination Act allow for the discrimination claimed by the applicant.

The court examined the inherent requirements of service in the ADF, which include the ability to perform arduous physical activities and to be deployed to dangerous operational environments at short notice. Given the applicant's permanent disabilities, particularly his fear of heights, claustrophobia, extreme anxiety, and lower back injury, the court found that these disabilities rendered him unable to meet the inherent requirements of service in the ADF. The court held that sections 53 and 21A of the Disability Discrimination Act apply to the subject matter of the applicant's complaint, thereby exempting the Defence Force's decisions from being considered unlawful discrimination. Consequently, the court refused the applicant's leave under section 46PO of the Australian Human Rights Commission Act 1986 (Cth), dismissed the application, and ordered the applicant to pay the respondents' costs.

The final orders of the court were as follows: leave pursuant to section 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) was refused; the application was dismissed; the applicant was ordered to pay the respondents' costs; and the time within which any application for leave to appeal, if available, or the filing of a notice of appeal, if such right exists, was extended to Friday, 4 February 2022.