Shewan, John Adrian v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1772

FEDERAL COURT OF AUSTRALIA

HUMAN RIGHTS – DISABILITY DISCRIMINATION – dismissal of claim of discrimination by Disability Discrimination Commission – review by President – denial of natural justice – efficiency and expediency of procedures in the Human Rights & Equal Opportunity Commission

Disability Discrimination Act 1992(Cth) ss 69, 71 and 101

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 11

Russell v Duke of Norfolk [1949] 1 All ER 109 Pearlberg v Varty [1972] 1 WLR 534

JOHN ADRIAN SHEWAN V HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION & NSW DEPARTMENT OF SCHOOL EDUCATION

NG 897 of 1997

EINFELD J

SYDNEY

9 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 897 of 1997

BETWEEN: John Adrian Shewan

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

FIRST Respondent

AND: NSW Department of School Education

SECOND Respondent

JUDGE: EINFELD J

DATE OF ORDER: 9 september 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The time within which the application for judicial review may be filed be extended to 30 October 1997.

2. The application be dismissed with 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 NG 897 of 1997

BETWEEN: John Adrian Shewan

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

FIRST Respondent

AND: NSW Department of School Education

second Respondent

JUDGE: EINFELD J

DATE: 9 september 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT APPLICATION On 30 October 1997 the applicant, John Shewan, filed an application which claimed a variety of relief, including declarations of unlawful conduct, injunctions and damages, against the Human Rights & Equal Opportunity Commission (the Commission), the NSW Department of School Education (the Education Department), the Department of Social Security and the NSW Teachers Federation. However, at the hearing of this matter it became clear that the application before the Court was for an order of review of a decision of the President of the Commission given on 19 June 1997, which dismissed the applicant's complaint that he had been discriminated against on the basis of his disability. Both the applicant and the Education Department have made written submissions which are consistent with this approach and, despite the defects in the document entitled "APPLICATION", I propose to treat the matter as such. As the application for review was filed some three months out of time, the applicant also seeks an extension of time for the filing of an order of review.