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1. The Human Rights and Equal Opportunity Commission ("the Commission") by notice of motion dated 24 December 1997, has sought leave to intervene in these proceedings pursuant to ss.11(1)(o)of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the Act") relying upon the affidavit of Christopher Dominic Sidoti sworn on 24 December 1997.

1.1 The Human Rights and Equal Opportunity Commission (Commission) welcomes the federal government's proposal in the Age Discrimination Bill 2003 ('the Bill') to make discrimination because of age unlawful.

For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition:

1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474.

The Commission commends the Senate for the decision to establish this inquiry on mental health services in Australia . It is, however, a cause for concern in itself that yet another inquiry in this area has been found to be necessary.

1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria.