Secretary, Department of Defence v Human Rights & Equal Opportunity Commission & Ors [1997] FCA 960

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth) - application for review of decision of Human Rights and Equal Opportunity Commission. DISCRIMINATION LAW - Human Rights and Equal Opportunity Commission Act 1986 (Cth) - whether the Commission erred in law by misinterpreting Public Service Act 1922 (Cth). DISCRIMINATION LAW - Public Service Act 1922 (Cth) - compulsory retirement provisions - refusal to exercise discretion to exempt complainants from compulsory retirement - whether such refusal is an "act" or "practice" - alleged discrimination on the basis of age. Public Service Act 1922 (Cth), ss 6, 76V Administrative Decisions (Judicial Review) Act 1977 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 3(1), 31(a) and (b), 32(1) Human Rights and Equal Opportunity Commission Regulations, reg 4 Australian Liquor, Hospitality and Miscellaneous Workers Union v Commonwealth of Australia (1994) 55 IR 18, cited Julius v Lord Bishop of Oxford (1880) 5 App Cas 214, cited Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106, cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24, cited SECRETARY, DEPARTMENT OF DEFENCE v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & ORS NG 623 of 1996 BRANSON J SYDNEY 18 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 623 of 1996

BETWEEN: SECRETARY, DEPARTMENT OF DEFENCE

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

HAROLD BURGESS

Second Respondent

MERVYN COLLINS

Third Respondent

LAWRENCE LIPPING

Fourth Respondent

JUDGE: BRANSON J