Information about the Amicus Curiae role

The Commissioners of the Human Rights and Equal Opportunity Commission have the function of assisting the Federal Court or Federal Magistrates Service as amicus curiae in discrimination matters. An amicus curiae is a "friend to the court" who assists the court on points of law in a particular case. Amicus are generally not parties to the proceedings, do not file pleadings or lead evidence and they may not lodge an appeal.

The Commissioners' amicus curiae function can only be exercised with the leave of the Federal Court or the Federal Magistrates Service where the Court is hearing an application alleging unlawful discrimination under Division 2, Part IIB of the Human Rights and Equal Opportunity Commission Act. The Commissioner/s may seek leave to appear as amicus where:

1. the Commissioner thinks the orders may affect to a significant extent the human rights of persons who are not parties to the proceedings; or

2. the proceedings, in the opinion of the Commissioner, have significant implications for the administration of the relevant Act/s; or

3. the proceedings involve special circumstances such that the Commissioner is satisfied that it would be in the public interest for the Commissioner to assist the Court as amicus.

The Human Rights and Equal Opportunity Commission has produced Guidelines on Amicus interventions which are available here

For a detailed discussion of the Commission's role as amicus curiae click here.

A table of all matters in which a special purpose Commissioner has appeared as amicus curiae since 2001 is available in Word [66 KB] and PDF formats [17 KB]. (Last updated 21 April 2008)

If you have a matter involving a discrimination or human rights issue which falls within the Guidelines and you believe that a Commissioner could assist the Court as amicus curiae please contact the Legal Section of the Human Rights and Equal Opportunity Commission.

The Amicus Curiae function has been used in the following cases:

Submissions of the Aboriginal and Torres Strait Islander and Social Justice Commissioner and Acting Race Discrimination Commissioner

• Giblet and others v Queensland QUD300/2005; 301/2005; 389/2005
  
  - Submissions of the Aborignal and Torres Strait Islander Social Justice Commissioner on common difficulties facing Aboriginal witnesses (March 2007)
  
  - Outline of the submissions of the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (May 2006)

• John Morris Kelly Country v Louis Beers [2004] FMCA 336
  
  - Decision: http://www.austlii.edu.au/au/cases/cth/FMCA/2004/336.html
  
  - Outline of submissions of the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (October 2003)

Submissions of the Disability Discrimination Commissioner

• Vickers v NSW Ambulance Service of NSW [2006] FMCA 1232
  
  - Decision: http://www.austlii.edu.au/au/cases/cth/FMCA/2006/1232.html
  
  - Outline of submissions of the Acting Disability Discrimination Commissioner (July 2006)

• Access for all Alliance (Hervey Bay) Inc v Hervey Bay City Council
  
  - Decision: http://www.austlii.edu.au/au/cases/cth/FMCA/2004/915.html
  
  - Outline of submissions of the Acting Disability Discrimination Commissioner (May 2003)

Submissions of the Sex Discrimination Commissioner

• AB v Registrar of Births, Deaths and Marriages [2006] FCA 1071
  
  - Decision - http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/1071.html
  
  - Outline of submissions of the Sex Discrimination Commissioner (August 2006)

• Jacomb v Australian Municipal, Administrative, Clerical and Services Union [2004] FCA 1250
  
  - Decision http://www.austlii.edu.au/au/cases/cth/federal_ct/2004/1250.html
  
  - Outline of submissions of the Sex Discrimination Commissioner (April 2004)
  
   
• Howe v Qantas Airways Limited [2004] FMCA 242
  
  - Decision: http://www.austlii.edu.au/au/cases/cth/FMCA/2004/242.html - Decision on costs and damages http://www.austlii.edu.au/au/cases/cth/FMCA/2004/934.html
  
  - Outline of submissions by the Sex Discrimination Commissioner (April 2004)
  
  - Supplementary submissions of the Sex Discrimination Commissioner (June 2004)

• Gardner v AANA Ltd [2003] FMCA 81
  
  - Decision: http://www.austlii.edu.au/au/cases/cth/FMCA/2003/81.html
  
  - Outline of submissions of the Sex Discrimination Commissioner (February 2003)

• Ferneley v The Boxing Authority of New South Wales [2001] FCA 1740
  
  - Decision : http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1740.html
  
  - Outline of submissions of the Sex Discrimination Commissioner (October 2001)

Last updated

20 March, 2009