Federal Court of Australia
Federal Court of Australia
DJC21 v Medical Board of Australia [2022] FCA 832 File number(s): NSD 1438 of 2018
Judgment of: ABRAHAM J
Date of judgment: 19 July 2022
Catchwords: PRACTICE AND PROCEDURE – where applicant applies for leave to rely on a further amended originating application – where granting of leave depends on issue of whether each of the respondents are a "qualifying body" within the meaning of s 19 of the Disability Discrimination Act 1992 (Cth) – where amicus curiae appointed on the issue – conclusion that respondents are not qualifying bodies – leave to amend refused STATUTORY INTERPRETATION – interpretation of the phrase "qualifying body" in s 19 of the Disability Discrimination Act 1992 (Cth) – meaning of "Commonwealth Law" as defined by s 4 of the Act
Legislation: Acts Interpretation Act 1901 (Cth) ss 2(2), 15AA, 38 Anti-Discrimination Act 1992 (NT), s 33 Anti-Discrimination Act 1977 (NSW) s 49J Australian Human Rights Commission Act 1986 (Cth) s 46PO Disability Discrimination Act 1992 (Cth) ss 4, 12, 19 Equal Opportunity Act 1984 (WA), s 66G Equal Opportunity Act 2010 (Vic), s 36 Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) s 6C Health Practitioner Regulation National Law (Victoria) Act 2009 s 6 Health Practitioner Regulation National Law (WA) Act 2010 ss 6, 199 Health Practitioner Regulation (National Uniform Legislation) Act 2010 (NT), s 6 Human Services (Medicare) Act 1973 (Cth) Sex Discrimination Act 1984 (Cth) s 4
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