Peacock v Human Rights & Equal Opportunity Commission [2002] FCA 984

FEDERAL COURT OF AUSTRALIA

Peacock v Human Rights & Equal Opportunity Commission [2002] FCA 984

HUMAN RIGHTS - alleged discrimination on account of age - compulsory retirement from Commonwealth public service - retirement required by statute on attaining age of 65 years unless decision made by Secretary to retain officer on the basis that it is desirable in the interests of the Commonwealth, that the officer continue in service - whether applicant could be compared with other groups or individuals in assessing whether discrimination occurred - whether Human Rights and Equal Opportunity Commission erred in law in finding that it was precluded from considering certain issues as a result of an earlier Federal Court judgment concerning the same parties, legislative provisions, and facts. PRACTICE AND PROCEDURE – principle that one judge should follow the judgment of another judge on issues of construction – determination of ratio of earlier judgments. WORDS AND PHRASES – "according to law" Public Service Act 1922 (Cth), s 76V Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 3, 21, 31 Secretary, Department of Defence v Human Rights and Equal Opportunity Commission, Burgess, Collins and Lipping (1997) 78 FCR 208 discussed Commonwealth of Australia v Peacock(2000) 104 FCR 464 followed Wu v Minister for Immigration and Multicultural Affairs (2000) 182 ALR 548 discussed Telstra Corp Ltd v Treloar(2000) 102 FCR 595 cited S115/00A v The Minister for Immigration and Multicultural Affairs[2001] FCA 540 discussed O'Donovan v Vereker (1987) 18 FCR 101 cited Harradine v Secretary, Department of Social Security (1990) 25 FCR 35 cited Kapagama v Minister for Immigration and Multicultural Affairs [1999] FCA 1881 cited Yulianti v Minister for Immigration and Multicultural Affairs[2001] FCA 142 cited R Cross and J W Harris, Precedent in English Law (4th Edn) at p 72. Sir Anthony Mason, The Use and Abuse of Precedent (1988) Australian Bar Review 93 at p 103. MORTIMER PEACOCK v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION & ANOR N 54 OF 2002 MOORE J 8 AUGUST 2002 SYDNEY