Federal Court of Australia
CATCHWORDS
DISCRIMINATION LEGISLATION - Commonwealth - Racial Discrimination Act 1975 ("the Act") - whether discrimination on the basis of national origin - overseas trained doctor seeking registration to practise in Victoria - graduates from universities, colleges or other bodies not accredited by the Australian Medical Council required to pass multiple choice examination and clinical examination - Australian Medical Council accredited only Australian and New Zealand Universities - candidates may only take clinical examination if they first pass the multiple choice examination - quota imposed on the number of candidates eligible for the clinical examination limited to the first 200 who pass the multiple choice examination - requirement to sit and pass the multiple choice examination and the imposition of the quota not unlawful discrimination under the Act.
STATUTES - consideration and construction of s9 of the Racial Discrimination Act - policy of s9 - nature of direct and indirect discrimination under s9.
ADMINISTRATIVE LAW - review of decisions of the Human Rights and Equal Opportunity Commission - whether errors of law.
ADMINISTRATIVE LAW - functions of the Human Rights and Equal Opportunity Commission ("the Commission") - whether appropriate for the Commission to express its views of matters that have taken place in the conciliation process.
WORDS AND PHRASES - "act...based on" - "national origin" -"person requires" - "not reasonable in the circumstances" - "does not or cannot comply" - "on an equal footing".
Racial Discrimination Act 1975 s9 Medical Practitioners Act 1970 (Vic) s19 Human Rights and Equal Opportunity Act 1986 s11 International Convention on the Elimination of All Forms of Racial Discrimination, 13 October 1966 arts 1 and 5
Waters v Public Transport Corporation (1991) 173 CLR 349 Australian Iron and Steel Pty Ltd v Banovic (1989) 168 CLR 165 ALRM v State of South Australia (1995) EOC 92-759 Jamorski v Attorney-General of Ontario (1988) 49 DLR (4th) 426 Secretary,Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 Commonwealth v Human Rights and Equal Opportunity Commission (1995) 133 ALR 629 R v Wilson; ex parte Kirsch (1934) 52 CLR 234
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