Minogue, Craig William John v Human Rights & Equal Opportunity Commission [1998] FCA 1283

FEDERAL COURT OF AUSTRALIA

HUMAN RIGHTS– application seeking writ of mandamus – whether the exclusion of the States from the purview of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the Act") is inconsistent with the terms of the International Covenant on Civil and Political Rights and therefore invalid – whether a breach of Australia's international obligations is a matter justiciable at the suit of a private citizen – whether the Human Rights and Equal Opportunity Commission is required to perform a function under s 11(j) or (k) of the Act at the insistence of a complainant.

Judiciary Act 1903 (Cth) ss 39B, 78B

Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 6(1), 7, 11(1), 13, 20

Victoria v Commonwealth (1996) 187 CLR 416, followed Commonwealth v Tasmania (1983) 158 CLR 1, followed Minister for Immigration and Ethnic Affairs v Teoh (1995) 128 ALR 353, followed Dietrich v The Queen (1992) 177 CLR 292, followed Tasmanian Wilderness Society Inc. v Fraser (1982) 153 CLR 270, followed Ainsworth v Criminal Justice Commission (1992) 175 CLR 564, followed

CRAIG WILLIAM JOHN MINOGUE v human rights and equal opportunity commission

vg 744 of 1997

MARSHALL J

MELBOURNE

12 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 744 of 1997

BETWEEN: CRAIG WILLIAM JOHN MINOGUE

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 12 oCTOBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 744 of 1997

BETWEEN: CRAIG WILLIAM JOHN MINOGUE