Ramsay Health Care Australia Limited v President, Australian Human Rights Commission [2025] FCA 2

Federal Court of Australia Ramsay Health Care Australia Limited v President, Australian Human Rights Commission [2025] FCA 2 File number(s): 3

Judgment of: PERRY J

Date of judgment: 10 January 2025

Catchwords: HUMAN RIGHTS – construction of ss 46PF and 46PH(1) and (1B) of the Australian Human Rights Commission Act 1986 (Cth) (Act) - application for judicial review of a decision of the Australian Human Rights Commission (AHRC) terminating a complaint under s 46PH(1B)(b) on the ground that the delegate was satisfied there was no reasonable prospect of conciliation – where termination under s 46PH(1B)(b) rather than s 46PH(1)(b) or (c) meant that there was no requirement for the complainant to seek leave to institute proceedings in the Federal Circuit and Family Court – whether delegate should have considered terminating on discretionary grounds in s 46PH(1)(b) or (c) despite having commenced an inquiry and conciliation and being satisfied of the matters in s 46PH(1B)(b) – whether s 46PF(1) imposes ongoing obligation to consider terminating complaints under potentially relevant discretionary grounds in s 46PH(1) – no jurisdictional error established in the delegate's failure to consider ss 46PH(1)(b) and (c) when terminating the complaint ADMINISTRATIVE LAW – whether delegate failed to have regard to relevant considerations – whether delegate failed to give reasons in failing to give reasons for not terminating the complaint under s 46PH(1) – where obligation is to give reasons only for terminating the complaint - whether decision not to terminate on discretionary grounds was legally unreasonable – whether delegate breached procedural fairness by failing to provide the applicants with certain correspondence with the complainant's representatives or to address submissions on delay relevant to termination under s 46PH(1)(b) – whether any denial of an opportunity to make submissions was material - application dismissed