Mackie v Tay & Ors [2001] FCA 1207

FEDERAL COURT OF AUSTRALIA

Mackie v Tay & Ors [2001] FCA 1207

HUMAN RIGHTS – anti-discrimination law – application for an order of review in respect of a decision of a delegate of the President of the Human Rights and Equal Opportunity Commission to terminate applicant's complaint – complaint alleged unlawful discrimination on the ground of sex by psychologist appointed to prepare family assessment report by Family Court of Australia under Order 30A of the Family Court Rules 1984 (Cth) – whether complaint alleged unlawful discrimination – whether psychologist performing a function under a Commonwealth law – whether psychologist was acting in direct compliance with an order of a court under s 40(i) of Sex Discrimination Act 1984 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1) Sex Discrimination Act 1984 (Cth) ss 4, 26, 40(1), 105, 106 Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PF(1), 46PH, 46PO Family Law Act 1975 (Cth) ss 21, 31, 38(1), 64B, 65C, 65D(1), 123 Family Law Rules 1984 (Cth) O 30A Waters v Public Transport Corporation (1991) 173 CLR 349, cited ALASDAIR ROBERT MACKIE v ALICE TAY AM, PRESIDENT, HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION; ROSS JEFFREY BOLLARD; TIMOTHY STEPHEN ADEY; FAMILY COURT OF AUSTRALIA; COMMONWEALTH OF AUSTRALIA BRANSON J ADELAIDE 4 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY S 15 of 2001

BETWEEN: ALASDAIR ROBERT MACKIE

APPLICANT

AND: ALICE TAY AM, PRESIDENT, HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

FIRST RESPONDENT

ROSS JEFFREY BOLLARD

SECOND RESPONDENT

TIMOTHY STEPHEN ADEY

THIRD RESPONDENT

FAMILY COURT OF AUSTRALIA

FOURTH RESPONDENT