Jovanovic v Tay, President of the Human Rights & Equal Opportunity Commission [2000] FCA 1789

FEDERAL COURT OF AUSTRALIA

Jovanovic v Tay, President of the Human Rights & Equal Opportunity Commission [2000] FCA 1789

DISABILITY DISCRIMINATION ‑ Complaint ‑ Disability Discrimination Commissioner decides not to inquire into complaint on ground that complaint lacking in substance ‑ Referral of complaint to President of Human Rights and Equal Opportunity Commission ‑ President dismisses complaint because satisfied that relates to act that is not unlawful ‑ Whether summary dismissal an error of law. Disability Discrimination Act 1992, ss 71(2)(d), 71(5), 101(1)(b) Racial Discrimination Act 1975, s 25X X v The Commonwealth (1999) 167 ALR 529 applied Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 applied DUSAN JOVANOVIC, TONY BARRESI, SILVANO COSMA, JOHN BALLOS, LAURENCE BUCHANAN, PASCHAL GRIMES and FRANK CAR v ALICE TAY, PRESIDENT OF THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and QANTAS AIRWAYS LIMITED V 641 OF 1999 V 658 OF 1999 SUNDBERG J 8 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 641 OF 1999

BETWEEN: DUSAN JOVANOVIC, TONY BARRESI, SILVANO COSMA, JOHN BALLOS, LAURENCE BUCHANAN, PASCHAL GRIMES and FRANK CAR

APPLICANTS

AND: ALICE TAY, PRESIDENT OF THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

FIRST RESPONDENT

QANTAS AIRWAYS LIMITED (ACN 009 661 901)

SECOND RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 8 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The decision of the first respondent in relation to each applicant's complaint be set aside.

2. Each applicant's complaint be referred back to the Disability Discrimination Commissioner in order that the inquiry into it be resumed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.