Federal Court of Australia
Federal Court of Australia Gaynor v Minister for Communications [2024] FCA 1186 File number: NSD 982 of 2023
Judgment of: JACKMAN J
Date of judgment: 14 October 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Classifications Review Board – where publication entitled Gender Queer given an unrestricted classification – whether the Board ignored, overlooked or misunderstood relevant material – where applicant alleged that the publication depicts and promotes paedophilia – where the Board described public submissions as "overwhelmingly anti-LGBTQIA+" in circumstances where only about 11.5% of the submissions by number, and less than 1% of the individuals who made submissions, could possibly be so described – where Board did not refer to an allegation that the publication posed the further moral dilemma of a sexual relationship between a teacher and student – decision of the Board quashed
Legislation: Classification (Publications, Films and Computer Games) Act 1995 (Cth) ss 9, 11, Sch ('National Classification Code') cl 2
Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130; (2023) 298 FCR 492 Greenpeace Australia Pacific Pty Ltd v Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency [2002] FCA 1144; (2002) 125 FCR 186 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Cases cited: Minister for Immigration and Citizenship [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration, Citizenship and Multicultural Affairs v Viane [2021] HCA 41; (2021) 274 CLR 398 Palmer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1113 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173
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