Baird v State of Queensland [2005] FCA 495

FEDERAL COURT OF AUSTRALIA

Baird v State of Queensland [2005] FCA 495 DISCRIMINATION LAW – RACIAL DISCRIMINATION – employment – distinction "based on" race – whether grants by the government to church-run missions were "acts" under the Racial Discrimination Act 1975 – whether wages paid less than awards was unlawful racial discrimination Racial Discrimination Act 1975 (Cth) ss 9, 15 Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3, 46PO Federal Court of Australia Act 1976 (Cth) s 51A Aborigines Act 1971 (Qld) ss 7, 8, 10, 15, 31, 56 Community Services (Aborigines) Act 1984 (Qld) ss 23, 24, 83, 84 The Aboriginals Preservation and Protection Act, 1939 to 1946 (Qld) The Torres Strait Islanders Acts, 1939 to 1946 (Qld) Aborigines Regulations 1972rr 22, 68 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 considered Zuijs v Wirth Bros Pty Ltd (1955) 93 CLR 561 considered Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 considered AMP v Chaplin (1978) 18 ALR 385 considered Victoria v Macedonian Teachers' Association of Victoria Inc (1999) 91 FCR 47 followed Macedonian Teachers' Association of Victoria Inc v Human Rights & Equal Opportunity Commission (1998) 91 FCR 8 referred to The New Shorter Oxford Dictionary: On Historical Principles, Clarandon Press, 1993 International Convention on the Elimination of All Forms of Discrimination. Opened for signature 21 December 1965. Art 5. (entered into force 2 January 1969) JAMES STANLEY BAIRD, MARIE CREEK, FRANK TAYLEY, HENRY WALKER, HENRY DEERAL, EDGAR IVAN GIBSON, ANITA KAREN GORDON, ELLA WOIBO v STATE OF QUEENSLAND Q 91 OF 2003 DOWSETT J 19 AUGUST 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 91 OF 2003

BETWEEN: JAMES STANLEY BAIRD

FIRST APPLICANT

MARIE CREEK

SECOND APPLICANT