Taylor v Department of Health

In Taylor v Department of Health, Dr Taylor sought interlocutory injunctive relief to compel the Department of Health to allow her to complete an application to the Australian General Practice Training Program (AGPT) despite conditions on her medical registration. The Department filed a notice of objection to competency, arguing the Court lacked jurisdiction under both the Fair Work Act 2009 (Cth) and the Disability Discrimination Act 1992 (Cth). The Court was required to determine whether it had jurisdiction to hear Dr Taylor's claims.

The Court rejected Dr Taylor's argument that the Department was an agent for employers or prospective employers. It held the Department was more accurately described as the administrator or regulator of the AGPT Program, not having an employment relationship with applicants. There was no arguable basis that the Court had jurisdiction under the Fair Work Act. As for the Disability Discrimination Act, the Court held it only has jurisdiction to hear complaints if the President of the Australian Human Rights Commission terminates a complaint. Dr Taylor had not made a complaint to the Commission. Therefore, the Court lacked jurisdiction over her disability discrimination claims.

The Court upheld the Department's notice of objection to competency and dismissed Dr Taylor's originating application. It also ordered Dr Taylor to pay the Department's costs. The Court found no reason to depart from the ordinary rule that costs follow the event, particularly since Dr Taylor had not argued for costs to be awarded in her favour.

In summary, the Court held it lacked jurisdiction to hear Dr Taylor's claims against the Department under either the Fair Work Act or the Disability Discrimination Act. The Department's objection to competency was therefore upheld and Dr Taylor's application dismissed, with the Court ordering her to pay the Department's costs.