Clarkson v Commonwealth of Australia [No 2] [2006] FCA 1839

FEDERAL COURT OF AUSTRALIA

Clarkson v Commonwealth of Australia [No 2] [2006] FCA 1839 ADMINISTRATIVE LAW – applicant convicted of Federal and State offences – applicant serving consecutive terms of imprisonment in New South Wales prisons – applicant's imprisonment pursuant to s 120 of the Constitution and issued warrant. ADMINISTRATIVE LAW – applicant challenged alleged decisions of Commonwealth Ombudsman not to investigate certain matters – whether matters fall within scope of Ombudsman's jurisdiction. ADMINISTRATIVE LAW – applicant claimed breaches of human rights – applicant made complaint to HREOC – applicant seeking review of decisions of HREOC – where decision in question post-dated application for review. The Constitution s 120 Administrative Decisions (Judicial Review) Act 1977 (Cth) ("AD(JR) Act") Federal Court of Australia Act 1976 (Cth) s 31A Ombudsman Act 1974 (Cth) Human Rights and Equal Opportunity Act 1986 (Cth) ss 20(2)a, 20(2)(c)(ii) Federal Court Rules O13 r 2(7) Clarkson v Commonwealth of Australia [2006] FCA 1348 cited S v Secretary, Department of Immigration and Multicultural and Indigenous Affairs (2005) 143 cited MARK ALFRED CLARKSON v COMMONWEALTH OF AUSTRALIA, HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION, COMMONWEALTH OMBUDSMAN, STATE NSW OMBUDSMAN, COMMISSIONER OF CORRECTIVE SERVICES FOR NEW SOUTH WALES AND THE GEO GROUP AUSTRALIA PTY LTD No ACD 14of 2006

FINN J

7 December 2006

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 14 OF 2006

BETWEEN: MARK ALFRED CLARKSON

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent

COMMONWEALTH OMBUDSMAN

Third Respondent

STATE NSW OMBUDSMAN