Field v Human Rights & Equal Opportunity Commission [1999] FCA 1711

FEDERAL COURT OF AUSTRALIA

Field v Human Rights & Equal Opportunity Commission [1999] FCA1711

ADMINISTRATIVE LAW – review of decision of the Human Rights and Equal Opportunity Commission (the Commission) – duty of the Commission to enquire into a complaint – role of the Court in reviewing a decision not to enquire – whether the Commission failed to take into account relevant facts HUMAN RIGHTS – relevance of international human rights law – whether rights contained in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child are directly enforceable in Australian courts – whether there is a duty of the Commonwealth to investigate breaches of international human rights treaties PRACTICE AND PROCEDURE – unrepresented litigant – role of court to assist litigant – application to reopen case to adduce further evidence - joinder of parties – principles to be applied in exercising discretion – whether joinder would cause undue delay – whether matter already significantly progressed - whether the claim against the proposed party is futile because it fails to disclose a cause of action – whether claim against the proposed party lacks jurisdiction Family Law Act 1975 (Cth) s 60H(1) Human Rights & Equal Opportunity Commission Act 1986 (Cth) s 4, 5(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 International Covenant on Civil and Political Rights (United Nations, 1966: ATS 1980 No 3) Convention on the Rights of the Child (United Nations, 1989: ATS 1991 No 4) Convention Against Torture and other Cruel, Inhuman or Degrading Treatment, (United Nations 1984: ATS 1989 No 21) Article 22.

The Queen v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 at 35-36 cited Commonwealth of Australia v The Human Rights and Equal Opportunity Commission and "X" (Federal Court of Australia, unreported, Full Court, 13 January 1998)cited Neil v Nott (1994) 121 ALR 148 at 150 cited Rajski v Scitec Corporation Pty Ltd, (Butterworths unreported judgments, 16 June 1986, NSW CA at 27) cited Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 at 445-6, 447-8 followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 40-41 followed Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 35-36 cited Minister for Immigration & Multicultural Affairs v Moges Eshetu (1999) 162 ALR 577 at 607 cited Dietrich v The Queen (1992) 177 CLR 292 at 305 considered Victoria v The Commonwealth (1996) 187 CLR 416 at 480-482 cited Sinanovic v The Queen (1998) 154 ALR 702 at 707 cited Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 at 286-7, 298, 304, 315 considered Stack v Coast Securities (No. 9) Pty Ltd (1983) 154 CLR 261 at 294 cited Tytel Pty Ltd & Ors v ATC (1988) ATPR ¶ 40-847 at 49,118 cited MERET FIELD v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION AND COMMONWEALTH OF AUSTRALIA