K v Domestic Violence Crisis Service Inc [1999] FCA 794

FEDERAL COURT OF AUSTRALIA

K v Domestic Violence Crisis Service Inc [1999] FCA 794 ADMINISTRATIVE LAW – application under Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of a decision of the Human Rights and Equal Opportunity Commission – complaint under the Sex Discrimination Act 1984 (Cth) – whether the Commission failed to take into account a consideration it was obliged to consider - improper exercise of power – failing to make findings on a matter that the Commission was in the circumstances obliged to decide Administrative Decisions (Judicial Review) Act 1977 (Cth) Sex Discrimination Act 1984 (Cth) s 5(1), s 22(1) Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1997) 147 ALR 469 referred to

K v DOMESTIC VIOLENCE CRISIS SERVICE INC AND HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AG 17 of 1998 FINN J 16 JUNE 1999 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 17 OF 1998

BETWEEN: K

Applicant

AND: DOMESTIC VIOLENCE CRISIS SERVICE INC

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent JUDGE: FINN J

DATE OF ORDER: 16 JUNE 1999

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. the application be allowed 2. the decision of the second respondent be set aside 3. the matter be remitted to the second respondent for further consideration Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 17 OF 1998

BETWEEN: K

Applicant

AND: DOMESTIC VIOLENCE CRISIS SERVICE INC

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent