Gupta v State of South Australia [2022] FCA 1598

Federal Court of Australia

Gupta v State of South Australia [2022] FCA 1598 File number(s): SAD 82 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 21 July 2022

Date of publication of reasons: 16 January 2023

Catchwords: PRACTICE AND PROCEDURE – application for leave pursuant to s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – complaint terminated by the President of the Commission pursuant to ss 46PH(1)(b) and 46PH(1B)(a) – whether the applicant's complaint of unlawful discrimination falls within the ambit of the Disability Discrimination Act 1992 (Cth) – whether the respondent provides a service to the applicant pursuant to s 5 of the Police Act 1998 (SA) – whether claims made by the applicant are reasonably arguable and not fanciful – whether it would serve the interests of the administration of justice to grant leave – whether the applicant has a reasonable prospect of successfully prosecuting the proceeding or part of the proceeding – whether a reasonable cause of action is disclosed – application for leave refused

Legislation: Australian Human Rights Commission Act 1986 (Cth), ss 3(1), 46P, 46PE, 46PF(1)(b), 46PH, 46PH(1)(b) & (h), 46PH(1B)(a) & (b), 46PH(2), 46PO, 46PO(1), 46PO(3A) Disability Discrimination Act 1992 (Cth), ss 3, 4, 6(1), 24 The Commonwealth of Australia Constitution Act 1900 (Cth), s 109 Anti-Discrimination Act (NSW) 1977, s 19 Police Act (SA) 1998, s 5 Road Traffic Act (SA) 1961, regs 264(2)(b), 267(3A), 267(4)

Cases cited: Budini v Sunnyfield [2019] FCA 2164 Commissioner of Police v Mohamed [2009] NSWCA 432; 262 ALR 519; (2009) 262 ALR 519 Farah v Commissioner of Police of the Metropolis [1998] QB 65; [1997] 1 All ER 289 James v WorkPower Inc [2018] FCA 2083 Marchenko v South Australia Police [2020] SAET 168 Matthews v Markos [2019] FCA 1827 Patrick v State of South Australia (No. 2) [2009] SAEOT 1 Robinson v Commissioner of Police [2012] FCA 770; (2012) 292 ALR 702