Kowalski v Domestic Violence Crisis Service Inc. [2001] FCA 1082

FEDERAL COURT OF AUSTRALIA

Kowalski v Domestic Violence Crisis Service Inc. [2001] FCA 1082

STATUTORY INTERPRETATION – decision of Human Rights and Equal Opportunity Commission set aside and remitted by this Court for further consideration – before complaint re-heard change in legislative regime – Commissioner handling complaint left Commission before matter remitted – whether upon remittance there was a continuation of the inquiry or a need to commence a new inquiry – purpose of amending legislation. Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(d), 5(1)(e), 5(1)(f), 5(1)(j), 5(2)(f), 5(2)(g) Human Rights Legislation Amendment Act (No. 1) 1999 (Cth), ss 11, 12, 13, 14 Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 46PH, 46PO Acts Interpretation Act 1901 (Cth), ss 8, 15AA K v Domestic Violence Crisis Service Inc [1999] FCA 794, cited Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245, referred to Mills v Meeking (1990) 169 CLR 214, cited Re Application of the News Corp Ltd (1987) 15 FCR 227, referred to Beringham v Corrective Services Commn of NSW (1988) 15 NSWLR 292, applied Human Rights Legislation Amendment Bill (No.1) 1999, Second Reading Speech STAN LECK KOWALSKI v DOMESTIC VIOLENCE CRISIS SERVICE INC. & ANOR A 59 of 2000

MADGWICK J

10 AUGUST 2001

SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A59 of 2001

DISTRICT REGISTRY

BETWEEN: STAN LECK KOWALSKI

APPLICANT

AND: DOMESTIC VIOLENCE CRISIS SERVICE INC.

FIRST RESPONDENT

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

SECOND RESPONDENT

JUDGE: MADGWICK

DATE OF ORDER: 10 AUGUST 2001

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The application be allowed. 2. The decision of the second respondent, the Human Rights and Equal Opportunity Commission, given on 26 July 2000, be set aside. 3. The applicant's complaint of discrimination made to the second respondent be regarded as terminated pursuant to s 12(2) of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) with effect from 13 April 2000. 4. The applicant is, upon his undertaking, now given, to permit the transcript of the evidence taken by Commissioner Dodson to be used in any proceedings as to his complaint against the first respondent, allowed 28 days from the date of these orders to make any application he may wish to this Court or the Federal Magistrates Court alleging unlawful discrimination by the first respondent. 5. Each party is to pay its own costs of these proceedings. THE COURT DIRECTS THAT: 1. The President of the second respondent issue a notice of termination pursuant to s 14 of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth).