Maksacheff v Commissioner of Police (WA) [2023] FCA 406

Federal Court of Australia

Maksacheff v Commissioner of Police (WA) [2023] FCA 406 File number: WAD 140 of 2022

Judgment of: JACKSON J

Date of judgment: 3 May 2023

Catchwords: HUMAN RIGHTS - alleged unlawful discrimination under Disability Discrimination Act 1992 (Cth) - requirement by law to wear face mask in airport unless exempt - applicants did not wear face mask in airport - applicants did not produce 'medical exemption' - police officer allegedly refused applicants passage through airport - allegations of direct and indirect discrimination - no evidence of allegations or alleged disability - nature of disability not specified - applicants' case not reasonably arguable PRACTICE AND PROCEDURE - application for leave under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) - complaint to Australian Human Rights Commission terminated - leave required to make application - leave not initially sought - application manifestly deficient - no evidence of allegations adduced - leave refused

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO Disability Discrimination Act 1992 (Cth) ss 5, 6, 23, 24, 30, 43 Emergency Management Act 2005 (WA) s 86

Cases cited: Bickle v State of Victoria (Victoria Police) [2020] FCA 168 Ellis v FJM Property Pty Ltd (No 2) [2019] FCCA 1821 James v WorkPower Inc [2018] FCA 2083 Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd [2009] HCA 43; (2009) 239 CLR 75 Matthews v Markos [2019] FCA 1827 Praljak v Bond University [2022] FCA 1439 Purvis v State of New South Wales (Department of Education and Training) [2003] HCA 62; (2003) 217 CLR 92 State of New South Wales v Amery [2006] HCA 14; (2006) 230 CLR 174 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 Wilson v Britten-Jones (No 2) [2020] FCA 1290