Rawson v South Metropolitan Health Service [2024] FCA 769

Federal Court of Australia

Rawson v South Metropolitan Health Service [2024] FCA 769 File number(s): VID 746 of 2023

Judgment of: HORAN J

Date of judgment: 16 July 2024

Catchwords: HUMAN RIGHTS – application for leave under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) to make an application alleging unlawful discrimination – where complaint made by applicant to Australian Human Rights Commission was terminated on the ground that it was lodged more than 24 months after the alleged acts, omissions or practices took place – where applicant had been engaged as a hospital volunteer – where applicant alleged unlawful discrimination by respondents based on her Aboriginal race – where applicant had made complaints to other statutory and public bodies – where delay in making complaint to the Australian Human Rights Commission – whether the Court should exercise discretion to grant leave to make application – held: leave refused

Legislation: Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) Australian Human Rights Commission Act 1986 (Cth) ss 3(1), 46P, 46PA, 46PD, 46PF, 46PH, 46PO Human Rights Legislation Amendment Act 2017 (Cth) Racial Discrimination Act 1975 (Cth) ss 9, 18AA, 18C, 27 Sex Discrimination Act 1984 (Cth) Federal Court Rules 2011 (Cth) Div 34.8 Parliamentary Joint Committee on Human Rights, Freedom of Speech in Australia: Inquiry into the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) and related procedures under the Australian Human Rights Commission Act 1986 (Cth) (28 February 2017)