Maiocchi v Royal Australian & New Zealand College of Psychiatrists (No 4) [2016] FCA 33

FEDERAL COURT OF AUSTRALIA

Maiocchi v Royal Australian & New Zealand College of Psychiatrists (No 4) [2016] FCA 33 File number(s): NSD 828 of 2012

Judge(s): GRIFFITHS J

Date of judgment: 5 February 2016

Catchwords: HUMAN RIGHTS – proceedings under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – allegations of direct and indirect discrimination under s 9 of the Racial Discrimination Act 1975 (Cth) relating to applicant's training as a psychiatrist – allegations made against applicant's supervisor and director of training – applicant's burden to establish allegations to the Briganshaw standard not discharged – application dismissed

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Evidence Act 1995 (Cth) ss 136, 140 Health Practitioner Regulation National Law (NSW) s 139B(1)(a) International Convention on the Elimination of All Forms of Racial Discrimination art 5 Racial Discrimination Act 1975 (Cth) ss 9, 9(1), 9(1A), 9(1A)(a), 18A, 18A(2)

Cases cited: Australian Medical Council v Wilson [1996] FCA 591; AustLII citation [1996] FCA 1618; (1996) 68 FCR 46 Barghouthi v Transfield Pty Ltd [2002] FCA 666; (2012) 122 FCR 19 Iliafi v The Church of Jesus Christ of Latter-Day Saints Australia [2014] FCAFC 26; (2014) 221 FCR 86 Lina Obieta v New South Wales Department of Education and Training [2007] FCA 86 Macedonian Teachers Association of Victoria Inc v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1650; (1998) 91 FCR 8 Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA 1046 Maiocchi v Royal Australian and New Zealand College of Psychiatrists (No 2) [2014] FCA 907 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349