Commonwealth of Australia v Human Rights & Equal Opportunity Commission [1999] FCA 1524

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Human Rights and Equal Opportunity Commission and Anor [1999] FCA 1524 ADMINISTRATIVE LAW – Judicial review – Decision of administrative character made under an enactment – Meaning of "decision" – Whether finding and recommendation by Human Rights and Equal Opportunity Commission constitute a reviewable "decision" – Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5 HUMAN RIGHTS – Discrimination in employment – Distinction, exclusion or preference not discriminatory if based on the inherent requirements of the particular job - Age requirement for appointment to Army Specialist Service Officer Pilot Scheme – Whether single judge erred in finding that requirement not discrimination on the ground of age – Whether single judge erred in finding that requirement not based on the inherent requirements of the job of a military line pilot Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5 Discrimination (Employment and Occupation) Convention 1958 (ILO Convention No. 111) Human Rights and Equal Opportunity Commission Act 1986 (Cth) subs 3(1), ss 31, 32, 35 Human Rights and Equal Opportunity Commission Bill 1985 (Cth) outline, clause 3 Human Rights and Equal Opportunity Commission Regulations 1989 (Cth) reg 4 Australian Broadcasting Tribunal v Bond and Others (1990) 170 CLR 321 applied Edelsten v Health Insurance Commission (1990) 27 FCR 56 considered Western Airlines, Inc v Criswell (1984) 472 US 400 considered

COMMONWEALTH OF AUSTRALIA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AND ANOR NG 1194 OF 1998 JUDGES: BLACK CJ, TAMBERLIN & KATZ JJ DATE: 4 NOVEMBER 1999 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 1194 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA