Commonwealth of Australia v Human Rights and Equal Opportunity Commission & Anor [1995] FCA 1067

CATCHWORDS ADMINISTRATIVE LAW - "Dwelling Purchase or Sale Expense Allowance" provided by Commonwealth to members of Australian Defence Force - conditions of entitlement to allowance differing as between "members with a family" and "members without a family" - allowance not payable to a member without a family if "service accommodation" in the locality (such as on-base barracks accommodation) is available - whether discrimination on ground of employee's marital status of being "single" in contravention of s 14 of the Sex Discrimination Act 1984 (Cth) - whether difference in conditions of entitlement constitutes "indirect discrimination" within sub-s 6 (2) of that Act - common ground that for the purposes of paras 6 (2) (a) and (c), a substantially higher proportion of married persons than single persons complied or were able to comply with the condition of being a "member with family" and that the aggrieved person, a single man, did not or was not able to comply with the condition - whether the condition of being a member with a family was "not reasonable having regard to the circumstances of the case" within para 6 (2) (b) of the Act. Sex Discrimination Act, 1984 (Cth), s 4 ("marital status"), 6, 14. Waters v Public Transport Corporation (1991) 173 CLR 349. Styles v Secretary, Department of Foreign Affairs and Trade (1988) 84 ALR 408 (FCA/Wilcox J). Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 (FC). COMMONWEALTH OF AUSTRALIA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR No NG 103 of 1995 Lockhart, Sheppard and Lindgren JJ Sydney 21 December 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 103 of 1995 GENERAL DIVISION ) ON APPEAL FROM THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

BETWEEN: COMMONWEALTH OF AUSTRALIA Applicant AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent AND: MICHAEL DOPKING Second Respondent CORAM: Lockhart, Sheppard and Lindgren JJ PLACE: Sydney DATE: 21 December 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The determination of the first respondent dated 25 January 1995 be set aside. 2. The registration under s 82A of the Sex Discrimination Act 1984 (Cth) of the determination of the first respondent dated 25 January 1995 be set aside. 2. The first respondent pay the applicant's cost of the proceedings, otherwise no order as to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.