Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forbes v Australian Federal Police (Commonwealth of Australia) [2004] FCAFC 95
DISABILITY DISCRIMINATION – employer withholds information concerning a former employee's medical condition from a Review Panel considering re-employment of the employee – information withheld because employer considers it irrelevant to the Panel's deliberations – whether employer discriminates against its employee on the grounds of her disability – findings inconsistent with any such conclusion – decision not to re-employ employee based on the breakdown of the employment relationship – finding inconsistent with a conclusion that the employer discriminated against the employee on the ground of her disability
Disability and Discrimination Act 1992 (Cth) ss 3, 4, 5, 6, 15, 22 Australian Federal Police Act 1979 (Cth) ss 6, 23, 24, 64B Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PH, 46PO Purvis v New South Wales (2003) 202 ALR 133 applied Waters v Public Transport Corporation (1991) 173 CLR 349 cited James v Eastleigh Borough Council [1990] 2 AC 751 cited FORBES v AUSTRALIAN FEDERAL POLICE (COMMONWEALTH OF AUSTRALIA) S 594 of 2003 BLACK CJ, TAMBERLIN and SACKVILLE JJ SYDNEY 5 MAY 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 594 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PAMELA ANNE FORBES
APPELLANT
AND: COMMONWEALTH OF AUSTRALIA (REPRESENTED BY THE AUSTRALIAN FEDERAL POLICE)
RESPONDENT
JUDGES: BLACK CJ, TAMBERLIN & SACKVILLE JJ
DATE OF ORDER: 5 MAY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The cross-appeal be allowed. 3. The Federal Magistrate's declaration that the respondent discriminated unlawfully against the appellant be set aside. 4. The Federal Magistrate's order that the respondent apologise to the appellant be set aside. 5. The appellant pay the respondent's costs of the appeal and the cross-appeal in this Court and the proceedings in the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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