Wotton v State of Queensland (No 5) [2016] FCA 1457

FEDERAL COURT OF AUSTRALIA

Wotton v State of Queensland (No 5) [2016] FCA 1457 File number: QUD 535 of 2013

Judge: MORTIMER J

Date of judgment: 5 December 2016

Catchwords: HUMAN RIGHTS – discrimination – racial discrimination – direct discrimination – s 9(1) of the Racial Discrimination Act 1975 (Cth) – police investigation of Aboriginal death in police custody – interactions between police officers and Aboriginal community following death – protests against police by some members of Aboriginal community – fires destroying police station and other public property – declaration of emergency situation under s 5 of the Public Safety Preservation Act 1986 (Qld) – entries and searches of homes by officers of Special Emergency Response Team – arrests of persons identified as suspects in relation to protests and fires – rights to equality before the law and equal protection of the law – right to equal treatment before organs administering justice – right to access public services – right to enjoyment of property without unlawful interference – right not to be subjected to unlawful interference with privacy, family or home – right to liberty and security of person – right not to be subjected to inhuman or degrading treatment – International Convention on the Elimination of All Forms of Racial Discrimination – International Covenant on Civil and Political Rights PRACTICE AND PROCEDURE – representative proceeding – racial discrimination – group comprising Indigenous community on Palm Island – subgroup comprising persons affected by arrests, entries and searches by officers of Special Emergency Response Team STATUTORY INTERPRETATION – relationship between Australian statutes and international instruments – relationship between Racial Discrimination Act 1975 (Cth) and International Convention on the Elimination of All Forms of Racial Discrimination – consequences for interpretation of Racial Discrimination Act 1975 (Cth) – materials that may inform interpretation STATUTORY INTERPRETATION – word and phrases – "act involving a distinction, exclusion, restriction or preference based on race" – "involving" – "distinction" – "based on race" DAMAGES – orders under s 46PO(4) of the Australian Human Rights Commission Act 1986 (Cth) – appropriate basis for and quantum of damages for racial discrimination – whether aggravated damages available – whether exemplary damages available – whether appropriate to order an apology