Commonwealth of Australia v Humphries, Nerilie Ann & Ors [1998] FCA 1031

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – Judicial Review CIVIL AND POLITICAL RIGHTS – discrimination on the ground of disability – meaning of "on the ground of" – factual inquiry to establish causal relationship – alleged discriminator's intent – meaning of "in circumstances that are the same or are not materially different" – whether the circumstances are materially different merely because the complainant's needs are different from a non-disabled person Disability Discrimination Act 1992 (Cth)s 79(1), 5, 15, 3 Administrative Decisions (Judicial Review) Act 1977 (Cth) Human Rights and Equal Opportunity Commission v Mount Isa Mines Ltd (1993) 46 FCR 301 Appl Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1997) 77 FCR 371 Appl Commonwealth v Human Rights and Equal Opportunity Commission (1993) 46 FCR 191 Appl Proudfoot v Australian Capital Territory Board of Health (1992) EOC 92-417 Appl Re Saskatchewan Human Rights Commission v Canadian Odeon Theatres Ltd (1985) 18 DLR (4th) 93 Refd Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39 Appl Commonwealth of Australia v Nerilie Anne Humphries, Human Rights and Equal Opportunity Commission and Hilary Charlesworth

QG 6 of 1998 Kiefel J Brisbane 25 August 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6 of 1998

ON APPEAL FROM A DECISION BY THE HUMAN RIGHTS AND EQUAL OPPORTUNITIES Commission

BETWEEN: COMMONWEALTH OF AUSTRALIA

Applicant

AND: NERILIE ANNE HUMPHRIES

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent

HILARY CHARLESWORTH

Third Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 25 AUGUST 1998

WHERE MADE: BRISBANE