Commonwealth of Australia v Sex Discrimination Commissioner & Ors [1998] FCA 1607

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW – Administrative Decisions (Judicial Review) Act 1977 - Sex Discrimination Act 1984 (Cth) ("the Act") – review of decision of Sex Discrimination Commissioner referring a complaint to Human Rights and Equal Opportunity Commission ("the Commission") – necessity for a complaint under the Act to identify the respondent – review of a decision of the Commissioner to refuse an application that a direction be made that the applicant not appear at the inquiry – distinction between an act of which a complaint is made and the matter to which the act relates – whether jurisdiction of the Commission dependent on terms of the complaint PRACTICE AND PROCEDURE – whether office holder ought to be named in a proceeding WORDS AND PHRASES – "act", "matter" Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6, 13, 17 Sex Discrimination Act 1984 (Cth) ss 5, 26, 28B(1), 48, 49, 50, 52, 52B, 55, 57, 59, 62, 64, 73, 77, 81, 83A, 84B, 84C, 96, 103 105, 106 Acts Interpretation Act 1901 (Cth) s 33A(e) Judiciary Act 1903 (Cth) s 39B Simplot Australia Pty Ltd v Human Rights and Equal Opportunity Commission (1996) 69 FCR 90 at 93, considered Bank of Western Australia v Federal Commissioner of Taxation (1994) 125 ALR 605 at 627, cited Langley v Niland [1981] 2 NSWLR 104 at 107-108, cited Re NSW Corporal Punishment in Schools Case (1986) EOC 92-160, cited Shadforths Limited v Human Rights Commission (1991) 32 FCR 303 at 315, cited Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 456 at 467, cited John v Connor (1992) 107 ALR 465 at 475, considered Harris v Bryce (1993) 41 FCR 388, considered Kerr v Commissioner of Police [1977] 2 NSWLR 721 at 725, considered Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 337, considered