Federal Court of Australia
Federal Court of Australia
Praljak v Department of Defence [2021] FCA 1668 File number: QUD 233 of 2021
Judgment of: LOGAN J
Date of judgment: 14 December 2021
Catchwords: ADMINISTRATIVE LAW – separate question – application for leave under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – where applicant's application to join the Australian Defence Forces refused on basis of medical ineligibility – where applicant claimed discrimination – whether either or each of s 53 or s 21A of the Disability Discrimination Act 1992 (Cth) allow for the discrimination subject of the application – where applicant has admitted permanent lower back condition and mental conditions – where evidence shows that all positions in Australian Defence Forces requires particular physical demands – where case has no merit – leave refused
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO Disability Discrimination Act 1992 (Cth) ss 21A, 53 Motor Accidents Act 1988 (NSW) s 52
Cases cited: Catholic Education Office v Clarke (2004) 138 FCR 121 Eastman v Shamrock Consultancy Pty Ltd [2018] FCCA 3436 James v WorkPower Inc [2018] FCA 2083 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Salido v Nominal Defendant (1993) 32 NSWLR 524
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 37
Date of hearing: 14 December 2021
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