Baird v State of Queensland [2006] FCAFC 162

FEDERAL COURT OF AUSTRALIA

Baird v State of Queensland [2006] FCAFC 162

Human rights – Racial Discrimination – payments by the Lutheran Church to indigenous workers at below-award wages – State of Queensland calculated and paid grants for such below-award wages – racial discrimination Aborigines Act 1971 (Qld), Human Rights and Equal Opportunity Commission Act 1986 (Cth) Racial Discrimination Act 1975 (Cth)

Aborigines Regulations 1972 (Qld) Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 referred to Australian Medical Council v Wilson (1996) 68 FCR 46 referred to Gerhardy v Brown (1985) 159 CLR 70 referred to Purvis v New South Wales (2003) 217 CLR 92 referred to Victoria v Macedonian Teachers' Association of Victoria Inc (1999) 91 FCR 47 referred to Waters v Public Transport Corporation (1991) 173 CLR 349 referred to

International Convention on the Elimination of all Forms of Racial Discrimination

Lerner N, The UN Convention on the Elimination of all Forms of Racial Discrimination, Schwelb, E "The International Convention on the Elimination of all forms of Racial Discrimination" (1966) 15 International and Comparative Law Quarterly 996 at 1001

JAMES STANLEY BAIRD & ORS v STATE OF QUEENSLAND QUD 377 of 2005 SPENDER, ALLSOP & EDMONDS JJ 17 NOVEMBER 2006 SYDNEY (BY VIDEOLINK TO BRISBANE) (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLANDDISTRICT REGISTRY QUD 377 of 2005

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JAMES STANLEY BAIRD

FIRST APPELLANT

MARIE CREEK

SECOND APPELLANT

FRANK TAYLEY

THIRD APPELLANT

HENRY WALKER

FOURTH APPELLANT

HENRY DEERAL

FIFTH APPELLANT

EDGAR IVAN GIBSON