Macedonian Teachers Association of Victoria Inc v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1650

FEDERAL COURT OF AUSTRALIA

DISCRIMINATION LAW – direct discrimination – directive by State Premier to Ministers re description to be accorded to Macedonian language – reason for directive to promote peace and harmony – contravention of Racial Discrimination Act 1975 (Cth) s 9(1) – conduct alleged to be unlawful – test to be applied – true basis of alleged act of discrimination – interpretation of "based on" – whether requires relationship of cause and effect – standard of proof to be applied. WORDS & PHRASES: - "based on".

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Racial Discrimination Act 1975 (Cth), ss 6, 9, 18, 25L, 26, Art 1.1, 5 Aboriginal Legal Rights Movement Inc v South Australia (No 1) (1995) 64 SASR 551 referred to Australian Medical Council v Wilson (1996) 68 FCR 46 applied Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 applied Human Rights and Equal Opportunity Commission v Mount Isa Mines Ltd (1993) 46 FCR 301 referred to Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1993) 46 FCR 191 referred to John Bell v Aboriginal and Torres Strait Islander Commission & Ors (unreported, 11 August 1993, HREOC, H92/003) referred to Re East & Ors; ex parte Nguyen [1998] HCA 73 referred to IW v The City of Perth (1997) 191 CLR 1 referred to Commonwealth Bank of Australia v Human Rights and Equal Opportunity Commission (1997) 80 FCR 78 referred to Cosco Holdings Pty Ltd v Do (1997) 150 ALR 127 referred to Fulcher v Hilt (1985) 61 ALR 359 referred to Commonwealth v Human Rights and Equal Opportunity Commission (1998) 158 ALR 468 referred to Korematsu v United States 323 US 214 (1944) referred to Buchanan v Warley 245 US 60 (1917) referred to R v Birmingham City Council; ex parte Equal Opportunities Commission [1989] AC 1155 referred to Palmore v Sidoti 466 US 429 (1984) referred to Waters v Public Transport Corporation (1991) 173 CLR 349 applied Re Canadian National Railway Co v Canadian Human Rights Commission (1983) 147 DLR (3d) 312 referred to Re Bhinder v Canadian National Railway Co (1985) 23 DLR (4th) 481 referred to Andrews v Law Society (British Colombia) [1989] 1 SCR 143 referred to Briginshaw v Briginshaw (1938) 60 CLR 336 referred to Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 referred to Department of Health v Arumugam [1988] VR 319 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to G v H (1994) 181 CLR 387 referred to