Human Rights & Equal Opportunity Commission & Anor v Secretary of the Department of Immigration & Multicultural Affairs [1996] FCA 444

CATCHWORDS ADMINISTRATIVE LAW - Human Rights and Equal Opportunity Commission - construction of para 20 (6) (b) of the Human Rights and Equal Opportunity Commission Act 1986 - whether provision obliges manager of Immigration Reception and Processing Centre to deliver sealed envelopes sent by Human Rights and Equal Opportunity Commission to captain, crew and passengers of boat who are in detention at Centre - relation between that provision and s 256 of Immigration Act 1958 - whether in Court's discretion, order in nature of mandamus should be made. STATUTES - Interpretation - maxim generalia specialibus non derogant - two provisions in different statutes one giving a right unconditionally and the other giving a conditional right - different concerns of the two provisions - whether maxim has scope for operation. Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 11, 20 Immigration Act 1958 (Cth), s 256 HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ANOR v SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS No NG 268 of 1996 Lindgren J Sydney 7 June 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 268 of 1996 GENERAL DIVISION ) BETWEEN: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION Applicant HUMAN RIGHTS COMMISSIONER Second Applicant AND: SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent CORAM: Lindgren J PLACE: Sydney DATE: 7 June 1996 MINUTE OF ORDERS THE COURT ORDERS: 1. THAT the respondent deliver, or cause to be delivered, to the captain, crew and passengers of the boat codenamed "Teal" sealed envelopes sent on or about 19 and 25 March 1996 by the applicants to "The Superintendent" and "The Manager" respectively of the Port Hedland Detention Centre operated by the respondent. 2. THAT the respondent pay the applicants' costs.