Commonwealth of Australia v Human Rights & Equal Opportunity Commission [1999] FCA 616

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Human Rights & Equal Opportunity Commission [1999] FCA 616 HUMAN RIGHTS – DISCRIMINATION ON THE GROUNDS OF AGE – application of the Commonwealth to review a decision of Human Rights and Equal Opportunity Commission – consideration for a promotion within two years of compulsory retirement age – whether the terms of the Defence Instruction (Air Force) Personnel 5-9 (DIP 5-9) offer a discretion to make the promotion less than two years before compulsory retirement – whether the Commission erred in law in its conclusion that DIP 5-9 did not require a refusal of promotion to the applicant. Defence Act 1903 s 9A

Human Rights and Equal Opportunity Commission Act 1986 s 31 Human Rights and Equal Opportunity Commission Regulations 4 Air Force Regulations 88 Qantas Airways Ltd v Christie [1998] 152 ALR 365

COMMONWEALTH OF AUSTRALIA V HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION AND ANOR NG 285 OF 1998 THE HON JUSTICE MARCUS EINFELD AO SYDNEY 11 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 285 OF 1998

BETWEEN: COMMONWEALTH OF AUSTRALIA

Applicant

AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION AND ANOR

First Respondent

AND: JULIAN MANNING

Second Respondent

JUDGE: THE HON JUSTICE MARCUS EINFELD AO

DATE OF ORDER: 11 MAY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. the application for review be upheld

2. the decision of the first respondent be set aside

Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 285 OF 1998

BETWEEN: COMMONWEALTH OF AUSTRALIA

Applicant

AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION AND ANOR