AYZ v State of Western Australia (Department of Justice, Corrective Services) [2022] FCA 1286

Federal Court of Australia

AYZ v State of Western Australia (Department of Justice, Corrective Services) [2022] FCA 1286 File number: WAD 224 of 2022

Judgment of: JACKSON J

Date of judgment: 25 October 2022

Date of publication of reasons: 28 October 2022

Catchwords: HUMAN RIGHTS - application for interlocutory injunction pending determination of application for interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) - conditions in detention - basis for application and nature of orders sought unclear - doubt about authorisation of commencement of proceedings as litigation representatives required - unclear that injunction would have any benefit - injunction refused

Legislation: Age Discrimination Act 2004 (Cth) Australian Human Rights Commission Act 1986 (Cth) ss 3, 46P, 46PO, 46PP Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Federal Court Rules 2011 (Cth) rr 9.61, 9.62, 9.63, 9.64, Schedule 1 Children's Court of Western Australia Act 1988 (WA) s 36 Young Offenders Act 1994 (WA) ss 17, 190

Cases cited: Abraham v Housing Authority [2022] FCA 1145 CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699 Frigger v Trenfield [2019] FCA 1746 Hudson v Minister for Immigration and Citizenship [2012] FCAFC 23 Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1469 VYZ by next friend XYZ v Chief Executive Officer of the Department of Justice [2022] WASC 274 Tu v Chang [2016] FCA 1567 Wilson v Britten-Jones [2019] FCA 747