Secretary, Department of Foreign Affairs and Trade v Styles

The Federal Court of Australia considered an appeal by the Secretary of the Department of Foreign Affairs and Trade against an earlier decision that found the department's decision to select a male candidate for an overseas posting was indirectly discriminatory against females under section 14(2) of the Sex Discrimination Act 1984. The appeal was brought by the Secretary, and the respondents were the unsuccessful female applicant and the successful male applicant. The central issue before the court was whether the decision to select the male applicant constituted an act of indirect discrimination under the Act.

The court examined the interpretation of various sections of the Act, including sections 5(2) and 14(2), to determine whether the department's decision met the criteria for indirect discrimination. The court considered the meaning of "requirement or condition" and "substantially higher proportion" within the context of the Act, as well as the appropriate denominator or base pool to be used in determining the proportion of individuals affected by the decision. The court also explored the meaning of "reasonable having regard to the circumstances of the case" in the context of indirect discrimination. The court compared and contrasted the Australian legislation with British and U.S. legislation on indirect discrimination to provide a broader perspective on the issue.

After considering the evidence and arguments presented, the court found that the decision of the lower court was incorrect in law. The court held that the department's decision did not constitute indirect discrimination under the Sex Discrimination Act 1984. The appeal was therefore allowed, and the orders of the lower court were set aside. The proceedings were dismissed, and no order was made as to the costs of the appeal.