McGlade v Human Rights & Equal Opportunity Commission [2000] FCA 1477

FEDERAL COURT OF AUSTRALIA

McGlade v Human Rights and Equal Opportunity Commission [2000] FCA 1477

HUMAN RIGHTS - RACIAL DISCRIMINATION – complaint concerning statements said to be racially offensive referred by Race Discrimination Commissioner to Human Rights and Equal Opportunity Commission – Commission, having found complaint not to be frivolous, vexatious, lacking in substance or relating to an act not unlawful, summarily dismissed the complaint as "misconceived" – Commission found complaint was not misconceived when made, but became so by reason of subsequent circumstances – subsequent circumstances comprised principally the making of further similar statements in the Senate followed immediately by an apology in the Senate and matters arising out of such apology – Commission considered that it would not be "appropriate" to grant relief – at stage of summary dismissal, applicant's evidence had not been taken – whether Commission applied the correct test for summary dismissal – whether Commission took into account irrelevant considerations. Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Racial Discrimination Act 1975 (Cth), ss 18C, 24E(1)(a), 25X, 25Z(1)(b) Human Rights Legislation Amendment Act (No. 1) 1999 (Cth), s 3 and Schedule Equal Opportunity Act 1984 (Vic), s 44C Assal v Department of Health, Housing and Community Services (1992) ECO 92-409 referred to Nagasinghe v Worthington (1994) 53 FCR 175 referred to Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 referred to State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 applied Burton v Shire of Bairnsdale (1908) 7 CLR 76 applied Dey v Victorian Railways Commissioners (1949) 78 CLR 62 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied McGLADE v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and SENATOR ROSS LIGHTFOOT W 23 of 1999 CARR J 18 OCTOBER 2000 PERTH