Creek v Cairns Post Pty Ltd [2001] FCA 1007

FEDERAL COURT OF AUSTRALIA

Creek v Cairns Post Pty Ltd [2001] FCA 1007

DISCRIMINATION LAW - racial discrimination - racial hatred - publication of photographs - whether objective test to be applied in determining if the act is reasonably likely to offend or humiliate - perspective to be considered - meaning of "because of" - relevance of motive, intention or purpose - whether causal connexion required - whether the defence of a "fair and accurate report" would apply - considerations relevant to an award of damages. STATUTES - whether to have consideration of Explanatory Memorandum, section title or heading in interpretation of statutory provisions - when to have regard to the plain words of a provision WORDS AND PHRASES - "because of"

Statutes Acts Interpretation Act 1901 (Cth) s 13(1) Anti-Discrimination Act 1977 (NSW) S 24(1), (3) Crimes Act 1914 (Cth) Equal Opportunity Act 1984 (Vict)s 17(1) Racial Discrimination Act 1975 (Cth)ss 9(1), 9(1A), 18B, 18C Racial Hatred Act 1995 Racial Hatred Bill 1994

Cases Aboriginal Legal Rights Movement v State of South Australia (1995) 64 SASR 551 Cited Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Discussed Australian Medical Council v Wilson & Ors (1996) 68 FCR 46 Referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Referred to Hagan v Trustees of the Toowoomba Sports Ground Trust [2000] FCA 1615 Applied Human Rights and Equal Opportunity Commission v Mt Isa Mines Ltd (1993) 46 FCR 301 Cited James v Eastleigh Borough Council [1990] 2 AC 751 Referred to Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 Referred to R v Birmingham City Council, ex parte Equal Opportunities Commission [1989] AC 1155 Referred to Waters v Public Transport Corporation (1991) 173 CLR 349 Discussed Explanatory Memorandum to the Racial Hatred Bill 1994 Report of the National Inquiry into Racist Violence in Australia The Royal Commission into Aboriginal Deaths in Custody PATRICIA DONNA CREEK v CAIRNS POST PTY LTD Q 4 OF 2001 KIEFEL J BRISBANE (Heard in Townsville) 31 JULY 2001