Richardson v Australian Capital Territory Health & Community Care Service [2000] FCA 654

FEDERAL COURT OF AUSTRALIA

Richardson v ACT Health & Community Care Service [2000] FCA 654

DISCRIMINATION LAW – appeal – exception to discrimination – meaning of "a purpose of" in s 27 of the Discrimination Act 1991 (ACT) – objective or subjective test Discrimination Act 1991 (ACT) s 27 Colyer v State of Victoria [1998] 3 VR 759 referred to Re ACT Health and Community Care Service v Vella (AT98/14 of 4 November 1998) disapproved SUSAN RICHARDSON v ACT HEALTH AND COMMUNITY CARE SERVICE and AUSTRALIAN CAPITAL TERRITORY ACT HEALTH AND COMMUNITY CARE SERVICE and AUSTRALIAN CAPITAL TERRITORY A 68 of 1999 JUDGES: MILES, HEEREY AND FINKELSTEIN JJ DATE: 19 MAY 2000 PLACE: MELBOURNE (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 68 of 1999

DISTRICT REGISTRY

On appeal from the Supreme Court of the Australian Capital Territory

BETWEEN: SUSAN RICHARDSON

Appellant

AND: ACT HEALTH AND COMMUNITY CARE SERVICE and AUSTRALIAN CAPITAL TERRITORY

Respondents

JUDGES: MILES, HEEREY AND FINKELSTEIN JJ

DATE OF ORDER: 19 MAY 2000

WHERE MADE: MELBOURNE (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of the trial judge be set aside and in lieu thereof it is ordered that the decision of the Discrimination Tribunal made on 5 January 1999 be set aside and the matter be remitted to the Tribunal for reconsideration according to law. 3. The respondents pay the appellant's taxed costs of the appeal and of the hearing below. 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 A 68 of 1999

DISTRICT REGISTRY

On appeal from the Supreme Court of the Australian Capital Territory