Scott v Human Rights and Equal Opportunity Commission [2007] FCA 2055

FEDERAL COURT OF AUSTRALIA

Scott v Human Rights and Equal Opportunity Commission [2007] FCA 2055 PRACTICE AND PROCEDURE – leave to appeal decision of Federal Magistrate – where Federal Magistrate summarily dismissed application for review of decision of the Human Rights and Equal Opportunity Commission – whether decision attended by sufficient doubt to warrant it being reconsidered by an appellate court HUMAN RIGHTS – Human Rights and Equal Opportunity Commission Act 1986 (Cth), sections 20(2)(c)(ii) and 20(2)(c)(iii) Administrative Decisions (Judicial Review) Act 1977 (Cth) Crimes Act 1958 (Vic) Federal Court of Australia Act 1976 (Cth), s 24(1A) Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 20(2)(c)(ii), (iii)

Re East: Ex Parte Nguyen (1998) 196 CLR 354 cited The Queen v The Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 cited Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 applied Finikiotis v Sims Partners [2005] FCA 1774 applied Rana v University of South Australia (2004) 136 FCR 344 applied Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied International Covenant on Civil and Political Rights Declaration on the Rights of Disabled Persons Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment RALPH SCOTT AND SOPHIE SCOTT v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AND COMMONWEALTH OF AUSTRALIA VID 976 OF 2007

KENNY J

21 DECEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 976 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RALPH SCOTT

First Applicant

SOPHIE SCOTT

Second Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent