Corneloup v Launceston City Council [2016] FCA 974

FEDERAL COURT OF AUSTRALIA

Corneloup v Launceston City Council [2016] FCA 974 File number: TAD 19 of 2015

Judge: TRACEY J

Date of judgment: 19 August 2016

Catchwords: ADMINISTRATIVE LAW – whether the Council's decision to reject the applicant's application for a permit to preach on political matters was affected by jurisdictional error – whether the Council's Guidelines prohibiting religious and political spruikers/hawkers were inconsistent with a by-law made under the Local Government Act 1993 (Tas) which prohibited preaching without a permit – whether decision-maker applied Guidelines inflexibly and with regard to irrelevant considerations – whether applicant denied procedural fairness – whether decision-maker authorised to make impugned decision CONSTITUTIONAL LAW – whether the Council's Guidelines impinged impermissibly on the freedom of citizens to communicate on political matters – where Guidelines identified religious and political spruikers/hawkers as non-permitted uses of the Launceston City malls – whether Guidelines contravened s 46(1) of the Constitution Act 1934 (Tas) HUMAN RIGHTS – whether the Council's Guidelines contravened s 16 of the Anti-Discrimination Act 1998 (Tas) by prohibiting religious and political spruikers/hawkers in the Launceston City malls

Legislation: Anti-Discrimination Act 1998 (Tas), ss 3, 16 Constitution Act 1934 (Tas), s 46 Judiciary Act 1903 (Cth), ss 39B(1A), 78B Local Government Act 1993 (Tas), s 147(2) Local Government Act 1999 (SA) By-Law No. 1 of 2010 – Malls, cll 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, Sch 1