Commonwealth of Australia v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1295

FEDERAL COURT OF AUSTRALIA

HUMAN RIGHTS – Alleged discrimination in employment opportunities – Age limit for applicants for appointment as Army Specialist Service pilots – Applicant informed of age limit and provision for waiver but that waiver would not be available and, consequentially, made no formal application – Whether applicant suffered discrimination in employment – Whether Commissioner posed wrong question in relation to exception dealing with "inherent requirements of the job" – Whether findings made without evidence.

Human Rights and Equal Opportunity Commission Act 1986 – ss3 and 31 Qantas Airways Limited v Christie (1998) 152 ALR 365 considered COMMONWEALTH OF AUSTRALIA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AND ROBERT BRADLEY NG286 of 1998 JUDGE: WILCOX J PLACE: SYDNEY DATE: 16 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG286 of 1998

BETWEEN: COMMONWEALTH OF AUSTRALIA

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

ROBERT BRADLEY

Second Respondent

JUDGE: WILCOX J

DATE OF ORDER: 16 October 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review filed by the Commonwealth of Australia be dismissed. 2. The Commonwealth of Australia pay the costs incurred in connection with that application by the respondents, Human Rights and Equal Opportunity Commission and Robert Bradley. 3. The application for review filed by Robert Bradley be dismissed, with no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG286 of 1998

BETWEEN: COMMONWEALTH OF AUSTRALIA