State of Victoria v Macedonian Teachers Association of Victoria [1999] FCA 1287

FEDERAL COURT OF AUSTRALIA

State of Victoria v Macedonian Teachers Association of Victoria [1999] FCA 1287 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 – Briginshaw principle. Racial Discrimination Act 1975, s 9(1) Briginshaw v Briginshaw (1938) 60 CLR 336 considered Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 considered Department of Health v Arumugan [1988] VR 399 distinguished G v H (1994) 181 CLR 387 considered Bacon v Victoria (unreported, Supreme Court of Victoria, 7 November 1997, Beach J) cited STATE OF VICTORIA v MACEDONIAN TEACHERS ASSOCIATION OF VICTORIA INC & ANOR V 14 of 1999

O'CONNOR, SUNDBERG & NORTH JJ 16 SEPTEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 14 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STATE OF VICTORIA

Appellant

AND: MACEDONIAN TEACHERS ASSOCIATION OF VICTORIA INC

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent

JUDGES: O'CONNOR, SUNDBERG & NORTH JJ

DATE OF ORDER: 16 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal 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

VICTORIA DISTRICT REGISTRY V 14 OF 1999