Lina Obieta v Human Rights and Equal Opportunity Commission [2007] FCA 85

FEDERAL COURT OF AUSTRALIA

Lina Obieta v Human Rights and Equal Opportunity Commission [2007] FCA 85

DISCRIMINATION – racial discrimination – sex discrimination – alleged unlawful discrimination by Human Rights and Equal Opportunity Commission in handling complaint – immunity of Commission in administration of Human Rights and Equal Opportunity Act 1986 (Cth) – jurisdiction of Court after complaint terminated by President of Commission. Held: application dismissed. Human Rights and Equal Opportunity Act Commission Act 1986 (Cth), ss 3, 11, 26, 46, 46PD, 46PE, 46PF, 46PH, 46PO, s 48 Racial Discrimination Act 1975 (Cth), ss 9, 10, 45 Sex Discrimination Act 1984 (Cth), ss 94, 105, 111

Aboriginal Legal Rights Movement Inc v South Australia and Another (No 1) (1995) 64 SASR 551, cited Baird and Others v Queensland (No 1) (2005) 224 ALR 541, referred to Commonwealth v McEvoy and Another (1999) 94 FCR 341, referred to Elliott v Nanda and Another (2001) 111 FCR 240, cited Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission and Another (1998) 91 FCR 8, cited Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273, followed SCAS v Minister for Immigration ad Multicultural and Indigenous Affairs [2002] FCAFC 397, cited Spalla v St George Motor Finance Ltd (No 7) [2006] FCA 1177, cited Victoria v Macedonian Teachers' Association of Victoria Inc and Another (1999) 91 FCR 47, referred to LINA OBIETA v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION NSD 1520 OF 2006

COWDROY J

7 february 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1520 OF 2006

BETWEEN: LINA OBIETA

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Respondent

JUDGE: COWDROY J DATE OF ORDER: 7 FEBRUARY 2007