Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council [2007] FCA 615

FEDERAL COURT OF AUSTRALIA

Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council [2007] FCA 615

PRACTICE AND PROCEDURE – summary dismissal – O 20 r 2 Federal Court Rules – whether applicant has standing – nature of rights sought to be enforced – whether private rights or public rights conferred – no consent of the Attorney-General sought to commence proceedings – whether statue confers rights such that applicant has standing DISCRIMINATION – standing under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – s 46P – whether applicant "person aggrieved" – disability discrimination – access to public transport infrastructure – applicant incorporated association – whether incorporated association has standing - test of "aggrieved person" in the context of the HREOC Act – whether composition of the applicant's members relevant – whether special interest in the proceedings beyond that of an ordinary member of the public PRACTICE AND PROCEDURE – whether acceptance of complainant by HREOC established standing as "aggrieved person" for the purposes of proceedings before the Court DISCRIMINATION – whether "equivalent access" provisions of the Disability Standards are to be raised as a defence to a finding of discrimination Held: Standing is to be determined by reference to whether the applicant is a "person aggrieved" in s 46P HREOC Act. Applicant does not have standing. Merely incorporating an association and giving voice to objects is not sufficient to create standing. The interests of the members of the body corporate do not equate with the interests of the body corporate. Applicant is not "aggrieved" in its own right. Applicant may not derive a special interest or status of "person aggrieved" from its members. Acts Interpretation Act 1901 (Cth) s 15AA Disability Discrimination Act 1992 (Cth) s 31, s 32 Federal Court of Australia Act 1976 (Cth) Pt IVA Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3, 46P, 46PB, 46PO Federal Court Rules O 20 r 2