Rana, Ranjit Shamsher J B v Human Rights & Equal Opportunity Commission & Anor [1997] FCA 416

Federal Court of Australia

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CATCHWORDS DISCRIMINATION - review of decision of Human Rights and Equal Opportunity Commission - provision of Disability Discrimination Act 1992 (Cth) applicable to clubs and associations - application of expressio unius est exclusio alterius rule - whether unjustifiable hardship provision of Act exonerates a club or association from an act of discrimination. Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975) (Cth) Pearce and Geddes: Statutory Interpretation in Australia 3rd ed Rylands Brothers (Aust) Ltd v Morgan (1927) 27 SR (NSW) 161 Houssein v Under Secretary, Department of Industrial Relations and Technology and Industrial Commission of NSW (1982) 38 ALR 577 No SG 80 of 1996

RANJIT SHAMSHER J B RANA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION O'Loughlin J Adelaide 22 May 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 80 of 1996 ) GENERAL DIVISION ) B E T W E E N:

RANJIT SHAMSHER J B RANA Applicant - AND - HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent - AND - NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION Second Respondent Coram: O'Loughlin J Place: Adelaide Date: 22 May 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. This matter be remitted to the President of the Human Rights and Equal Opportunity Commission for further consideration in accordance with these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 80 of 1996 ) GENERAL DIVISION ) B E T W E E N:

RANJIT SHAMSHER J B RANA Applicant - AND - HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent - AND - NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION Second Respondent Coram: O'Loughlin J Place: Adelaide Date: 22 May 1997 REASONS FOR JUDGMENT The applicant in these proceedings, Mr Rana, lodged a complaint under the Disability Discrimination Act 1992 (Cth) ("the Act") against the Nepal Australia Friendship Association ("NAFA"). At the core of Mr Rana's complaint was his desire to attain membership of NAFA. It was his case that his application for membership had been unreasonably refused because of a disability that had been imputed to him. The nature of the alleged disability need not be investigated. It is sufficient to observe that Mr Rana had, or might have had, a psychiatric condition.

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RANJIT SHAMSHER J B RANA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION O'Loughlin J Adelaide 22 May 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 80 of 1996 ) GENERAL DIVISION ) B E T W E E N:

RANJIT SHAMSHER J B RANA Applicant - AND - HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent - AND - NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION Second Respondent Coram: O'Loughlin J Place: Adelaide Date: 22 May 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. This matter be remitted to the President of the Human Rights and Equal Opportunity Commission for further consideration in accordance with these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 80 of 1996 ) GENERAL DIVISION ) B E T W E E N:

RANJIT SHAMSHER J B RANA Applicant - AND - HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION First Respondent - AND - NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION Second Respondent Coram: O'Loughlin J Place: Adelaide Date: 22 May 1997 REASONS FOR JUDGMENT The applicant in these proceedings, Mr Rana, lodged a complaint under the Disability Discrimination Act 1992 (Cth) ("the Act") against the Nepal Australia Friendship Association ("NAFA"). At the core of Mr Rana's complaint was his desire to attain membership of NAFA. It was his case that his application for membership had been unreasonably refused because of a disability that had been imputed to him. The nature of the alleged disability need not be investigated. It is sufficient to observe that Mr Rana had, or might have had, a psychiatric condition.

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