Stepien v Department of Human Services

Dr Stepien filed an application for an extension of time to initiate proceedings under section 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth). The application was filed with the Federal Circuit Court of Australia. Dr Stepien alleged that he had experienced unlawful discrimination on the basis of gender in the conduct of the Commonwealth Child Support Agency. The primary legal issue for the court was whether to grant the extension of time in the interests of the administration of justice. The court had to consider Dr Stepien's explanation for the delay in lodging his originating application and whether his allegations had any reasonable prospects of success.

The court found that Dr Stepien had not provided an adequate explanation for the considerable delay in lodging his originating application. Even if the explanation had been considered adequate, the court would still have been persuaded that Dr Stepien's allegations did not have any reasonable prospects of success. The court was not satisfied that Dr Stepien could prove contraventions of the Sex Discrimination Act. The court considered the evidence provided by Dr Stepien and the submissions made by the respondent. The court concluded that it was not appropriate to extend the time in which Dr Stepien could bring a proceeding under section 46PO of the Australian Human Rights Commission Act. The application was dismissed, and there was no order as to costs.

ORDERS:
1. The application for an extension of time is refused.
2. There be no order as to costs.