Commonwealth of Australia v Human Rights & Equal Opportunity Commission [2000] FCA 1150

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Human Rights & Equal Opportunity Commission [2000] FCA 1150 HUMAN RIGHTS – Alleged discrimination on account of age – Forced retirement from Commonwealth public service – Retirement required by statute on attaining age of 65 years unless contrary decision made by Secretary on the basis that it is desirable in the interests of the Commonwealth, that the officer continue in service – Whether Human Rights and Equal Opportunity Commission erred in law in finding that Secretary discriminated on account of age in taking into account the needs for a "balanced age profile" in the Department and to provide career opportunities for other officers – Whether error in law in assessment of compensation on basis of loss of a chance that Secretary would exercise his discretion in applicant's favour.

Public Service Act 1922, s76V Human Rights and Equal Opportunity Commission Act 1986, ss3, 31 and 35 Human Rights and Equal Opportunity Regulations 1989, reg 4(a) Secretary, Department of Defence v Human Rights & Equal Opportunity Commission (1997) 78 FCR 208 "Burgess" discussed COMMONWEALTH OF AUSTRALIA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and MORTIMER J PEACOCK N40 of 2000

MORTIMER J PEACOCK v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and COMMONWEALTH OF AUSTRALIA N657 of 2000 WILCOX J SYDNEY 17 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N40 of 2000

BETWEEN: COMMONWEALTH OF AUSTRALIA

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

And

MORTIMER J PEACOCK

Second Respondent

JUDGE: WILCOX J

DATE OF ORDER: 17 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice under s35 of the Human Rights and Equal Opportunity Commission Act 1986 issued by the Human Rights and Equal Opportunity Commission in respect of the complaint of Mortimer J Peacock against the Commonwealth of Australia be set aside. 2. The said complaint be further considered by the Commission and determined in accordance with law. 3. The matter of costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.