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1. On 22 October 2001 the Sex Discrimination Commissioner ("the SD Commissioner") filed a Notice of Motion seeking to move the Court for orders that the SD Commissioner be granted leave to appear as amicus curiae in these proceedings, together with any consequential orders and directions. The Notice of Motion was supported by an affidavit of the SD Commissioner affirmed on 19 October…

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…

The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in:

(1)It is unlawful for a person to discriminate against another person on the ground of the other person’s disability or a disability of any of that other person’s associates:

These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of…

The definitions of discrimination include both 'direct' and 'indirect' discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination.

1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect…

(1) Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant.

Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows:

The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows.

The definitions of discrimination include both direct and indirect discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination.

(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform)

(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform)

Back to index Table of Contents Foreword Chapter 1 - Introduction 1.1. Nature and Scope of this Publication 1.2 'HREOC' and the 'Australian Human Rights Commission' 1.3 What is 'Unlawful Discrimination'? 1.3.1 ‘Unlawful discrimination’ defined 1.3.2 Distinguishing ‘unlawful discrimination’ from ‘ILO 111 discrimination’ and ‘human rights’ under the HREOC Act (a) ‘ILO 111 discrimination’ (b) …