Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QBE Travel Insurance v Bassanelli [2004] FCA 396 DISCRIMINATION LAW – ss 5 and 24 of the Disability Discrimination Act 1992 (Cth) (DD Act) contravened by insurance company by declining to issue any policy of travel insurance to an individual with metastatic breast cancer, on the basis of that cancer, for a short overseas holiday – insurance company sought to rely upon exemption in s 46 of DD Act which would make lawful any breach of ss 5 and 24 of DD Act – construction of s 46(1) of DD Act – consideration of inter-action of s 46(1)(f) and s 46(1)(g) of DD Act – where onus of proof lies in establishing the exemption in s 46 of DD Act – whether travel insurance policies offered by other insurance companies are relevant factors in deciding under s 46(1) of DD Act reasonableness of the insurance company's discrimination – whether discrimination reasonable having regard to relevant factors
Disability Discrimination Act 1992 (Cth) ss 5, 24, 46 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PH(1)(a) Explanatory Memorandum to the Disability Discrimination Bill 1992 (Cth) Director of Public Prosecutions v United Telecasters Sydney Ltd (1990) 168 CLR 594 applied Vines v Djordjevitch (1955) 91 CLR 512 applied Waters v Public Transport Commission (1991) 173 CLR 349 applied Clarke v Catholic Education Office [2003] FCA 1085 applied Nelson v John Lysaght (Australia) Ltd (1975) 132 CLR 201 applied Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18 applied Secretary, Department of Foreign Affairs v Styles (1989) 88 ALR 621 applied Commonwealth Bank of Australia v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 applied Commonwealth v Human Rights and Equal Opportunity Commission (1995) 63 FCR 74 cited Pettit v Dunkley [1971] 1 NSWLR 376 applied Gamser v Nominal Defendant (1977) 136 CLR 145 applied Bourke v Beneficial Finance Corp Ltd (1993) 47 FCR 264 applied QBE TRAVEL INSURANCE v DENICE BASSANELLI S 806 of 2003 MANSFIELD J 7 APRIL 2004 ADELAIDE
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