Myers v Alfred Hospital [2023] FCA 833

Federal Court of Australia

Myers v Alfred Hospital [2023] FCA 833 File number(s): VID 475 of 2022

Judgment of: WHEELAHAN J

Date of judgment: 24 July 2023

Catchwords: HUMAN RIGHTS – alleged unlawful direct discrimination under ss 5, 23, and 24 of the Disability Discrimination Act 1992 (Cth) – requirement by law and by policy of a hospital to wear a face mask when visiting a public hospital unless exempt – applicant in possession of a medical letter to effect that she could not wear a face mask because of a skin rash on her face – hospital staff allegedly placed a face shield on applicant without her consent – hospital staff allegedly made applicant sit by herself in a cubicle away from the general waiting area – doctor allegedly threatened not to provide medical services to the applicant – doctor allegedly rendered sub-standard medical services to the applicant – allegations of direct discrimination PRACTICE AND PROCEDURE – application for extension of time - applicant lodged a complaint to the Australian Human Rights Commission alleging unlawful direct discrimination – a delegate of the President of the Commission terminated the complaint – the applicant filed a proceeding in the Court under s 46PO(1) of the Australian Human Rights Commission Act 1986 (Cth) – order sought under s 46PO(2) to bring proceeding outside 60 day time limit – insufficient prospects of success to justify grant of leave – application refused

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11, Australian Human Rights Commission Act 1986 (Cth), s 46PO(1), (2), (3A), and (4)(d) Disability Discrimination Act 1992 (Cth), s 4, s 5(1), (2), and (3), s 23(b), (e), s 24(b), (c), 47, and s 122 Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) Limitation of Actions Act 1974 (Qld), s 31 Evidence Act 1995 (Cth), s 166(f) Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) Migration Act 1958 (Cth), s 477A(2) Occupational Health and Safety Act 2004 (Vic), s 21 and s 23 Public Health and Wellbeing Act 2008 (Vic), s 203 Stay Safe Directions (Metropolitan Melbourne) (No 3), dated 17 June 2021 Productivity Commission, Report No. 30: Review of the Disability Discrimination Act 1992, published 30 April 2004