Dunstan v Human Rights and Equal Opportunity Commission (No 2) [2005] FCA 1885

FEDERAL COURT OF AUSTRALIA

Dunstan v Human Rights and Equal Opportunity Commission (No 2) [2005] FCA 1885 DEFAMATION – whether communications reporting on the views of co-workers about the applicant's suitability for particular work were in the circumstances defamatory – whether the communications were subject to qualified privilege – whether malice on the part of the publisher established – claim dismissed MISFEASANCE IN PUBLIC OFFICE – communications reporting on suitability of applicant to return to particular work location – whether communications actuated by malice or undertaken recklessly indifferent to existence of power to make them – claim dismissed DISCRIMINATION – applicant complained of sex harassment by co-worker – both applicant and co-worker relocated to different work locations – other workers in applicant's work area reluctant to him returning there – claim of sex discrimination against officers of employer and employer for treating applicant as male differently from treatment which would have been given to female in same or similar circumstances – claim dismissed DISCRIMINATION – inquiry into claim of sex discrimination not continued as complaint lacking in substance – elapse of three years and nine months between complaint and decision – decision of officer to refer complaint for public inquiry – whether applicant denied procedural fairness – whether delay constitutes denial of procedural fairness – whether decision of officer (not Sex Discrimination Commissioner) to refer complaint for public inquiry effective

Administrative Decisions (Judicial Review) Act 1977 Sex Discrimination Act 1984 (Cth) Racial Discrimination Act 1976 (Cth) Human Rights and Equal Opportunity Act 1986 (Cth) Freedom of Information Act 1982 (Cth) Public Service Act 1999 (Cth) Defamation Act 1901 (NSW) Defamation (Amendment) Act 1909 (NSW) Seat of Government Acceptance Act 1909 (Cth) New South Wales Acts Application Act 1984 (ACT).