Commonwealth of Australia v Williams [2002] FCAFC 435

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Williams

[2002] FCAFC 435 ANTI-DISCRIMINATION LEGISLATION – disability discrimination – termination of employment of member of Australian Defence Force because of insulin dependant diabetes – member a communications and information systems controller in Royal Australian Air Force – whether employment in a position involving the performance of combat-related duties WORDS AND PHRASES – "position involving the performance of combat-related duties" Disability Discrimination Act 1993 (Cth) ss 15(4), 53(1)(a) Disability Discrimination Regulations SR 27 of 1996 regs 3,4 Williams v Commonwealth of Australia [2002] FMCA 89 reversed X v Commonwealth (1999) 193 CLR 177 at 190 referred to Qantas Airways Ltd v Christie (1998) 193 CLR 280 at [72] applied COMMONWEALTH OF AUSTRALIA v GARY WILLIAMS D 15 of 2002 HILL, HEEREY AND GYLES JJ 20 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 15 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: COMMONWEALTH OF AUSTRALIA

APPELLANT

AND: GARY WILLIAMS

RESPONDENT

JUDGE: HILL, HEEREY AND GYLES JJ

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal is allowed. 2. The judgment below is set aside and in lieu thereof it is ordered that the application be dismissed. 3. The respondent pay the appellant's costs of the appeal and at first instance. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 15 OF 2002

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: COMMONWEALTH OF AUSTRALIA

APPELLANT

AND: GARY WILLIAMS