Rivera v Human Rights and Equal Opportunity Commission

FEDERAL COURT OF AUSTRALIA

Rivera v Human Rights and Equal Opportunity Commission [2007] FCA 2037

CORRIGENDUM

LAWRENCE RIVERA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION, COMMONWEALTH OF AUSTRALIA AND STATE OF NEW SOUTH WALES
NSD 2438 OF 2007

FLICK J
13 DECEMBER 2007 (CORRIGENDUM 24 JANUARY 2008)
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2438 OF 2007

BETWEEN:

LAWRENCE RIVERA
Appellant

AND:

HUMAN RIGHTS AND EQUAL OPPORTUNITY
COMMISSION
First Respondent

COMMONWEALTH OF AUSTRALIA
Second Respondent

STATE OF NEW SOUTH WALES
Third Respondent

JUDGE:	FLICK J
DATE OF ORDER:	13 DECEMBER 2007
WHERE MADE:	SYDNEY

CORRIGENDUM

1.        On the Orders page, delete the words ‘ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA’ and on the Reasons for Judgment page, delete the words ‘ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA’.

I certify that the preceding one  (1) paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Flick.

Associate:

Dated:         24 January 2008

FEDERAL COURT OF AUSTRALIA

Rivera v Human Rights and Equal Opportunity Commission [2007] FCA 2037

LAWRENCE RIVERA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION, COMMONWEALTH OF AUSTRALIA AND STATE OF NEW SOUTH WALES
NSD 2438 OF 2007

FLICK J
13 DECEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2438  OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

LAWRENCE RIVERA
Appellant

AND:

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
First Respondent

COMMONWEALTH OF AUSTRALIA
Second Respondent

STATE OF NEW SOUTH WALES
Third Respondent

JUDGE:	FLICK J
DATE OF ORDER:	13 DECEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Appellant’s Notice of Motion as filed 12 December 2007 is dismissed.

2.No order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD  2438 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

LAWRENCE RIVERA
Appellant

AND:

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
First Respondent

COMMONWEALTH OF AUSTRALIA
Second Respondent

STATE OF NEW SOUTH WALES
Third Respondent

JUDGE:	FLICK J
DATE:	13 DECEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Mr Rivera is a citizen of the United States of America who is presently in detention at the Silverwater Metropolitan Reception and Remand Centre under the Extradition Act1988 (Cth).

2. On 29 May 2006 Mr Rivera filed a complaint with the Human Rights and Equal Opportunity Commission alleging that his conditions of detention were contrary to human rights. The facts the subject of that complaint are also being pursued by Mr Rivera in proceedings in the Supreme Court of New South Wales. The facts in issue, if established, expose serious wrongdoing.

3. On 13 September 2007 the Commission exercised its powers under s 20(2)(c) of the Human Rights and Equal Opportunity Commission Act1986 (Cth) declining to continue the…