Weir v Telstra Corporation Limited

The matter before the court involved an application by Mr and Mrs Weir for leave to institute proceedings against Mr Bose and Telstra Corporation Limited under section 46PO of the Australian Human Rights Commission Act 1986 (Cth). The dispute arose out of allegations of sexual harassment by Mr Bose against Mrs Weir, which occurred in the context of a dispute between the parties as neighbours. The applicants sought to hold Telstra liable for the harassment, arguing it occurred in the course of Telstra providing goods, services, or facilities, or performing a function under a Commonwealth law or power.

The primary legal issue the court had to address was whether the alleged harassment by Mr Bose was in the course of Telstra providing goods, services, facilities, or performing a function or power under a Commonwealth law or power. The court also had to consider the principles applicable to the grant of leave under section 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth). Specifically, the court needed to determine whether the applicants' case had a reasonable prospect of success.

In examining the allegations, the court found that the harassment did not occur in the course of Telstra providing goods, services, or facilities, or performing a function or power under a Commonwealth law or power. The harassment arose from a dispute between neighbours, and while Telstra was providing goods or services, the harassment did not relate to that provision. Additionally, the court found that the applicants' case did not have a reasonable prospect of success. The court concluded that the principles guiding the grant of leave under section 46PO(3A)(a) did not support granting leave to the applicants, as their case lacked a reasonable prospect of success.

The court refused the applicants' application for leave under section 46PO of the Australian Human Rights Commission Act 1986 (Cth) to institute proceedings against Mr Bose and Telstra. The court ordered that the proceeding be listed for a case management hearing on a date to be fixed in consultation with the parties, but not before 17 October 2022.