Secretary, Department of Veterans' Affairs v Mr & Mrs P & Ors [1998] FCA 85

FEDERAL COURT OF AUSTRALIA

RACIAL DISCRIMINATION - alleged discrimination on the basis of national origin - statutory criterion for eligibility for a defence services home loan certificate that applicant, who did not serve in any of the Australian armed services, must have resided in Australia at time of his enlistment in that armed service of the Dominion in which he served - applicant New Zealand born and resident there on his enlistment in New Zealand army - certificate refused because applicant did not satisfy the statutory residence criterion - whether refusal a breach of s 9(1) the Racial Discrimination Act 1975 (Cth). RACIAL DISCRIMINATION - whether entitlement to a war veteran's benefit a right or freedom protected by ss 9(1) or 10 the Racial Discrimination Act.

STATUTORY INTERPRETATION - legislative intent - true meaning of words used by Parliament, not subjective intent of legislature. WORDS AND PHRASES - "Australian Soldier".

Racial Discrimination Act 1975 (Cth), ss 9(1), 10 Defence Service Homes Act 1918 (Cth), ss 4, 17, 18 Australian Medical Council v Wilson (1996) 68 FCR 46, applied Pareroultja v Tickner (1993) 117 ALR 206, referred to Wik Peoples v Queensland (1996) 187 CLR 1, referred to Corporate Affairs Commission (NSW) v Yuill (1991) 172 CLR 319, applied Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455, referred to SECRETARY, DEPARTMENT OF VETERANS' AFFAIRS v MR & MRS P & ORS QG 126 of 1997

DRUMMOND J BRISBANE 11 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 126 of 1997

BETWEEN: THE SECRETARY, DEPARTMENT OF VETERANS' AFFAIRS

Applicant

AND: MR & MRS P

First RespondentS

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and STEPHEN KEIM

(Inquiry Commissioner of the Human Rights And Equal Opportunity Commission)