Praljak v Department of Defence [2021] FCA 1668

Praljak v Department of Defence [2021] FCA 1668

The application for leave was refused because the applicant could not demonstrate a reasonable case that the alleged discrimination was unlawful, given that all positions in the ADF require meeting inherent physical and deployment requirements, for which his disabilities and phobias rendered him unfit, and because s 53 and s 21A of the Disability Discrimination Act 1992 (Cth) permit such discrimination in these circumstances.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Application for Leave to Commence Proceedings Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Leave to Proceed – Determination of Separate Question
Outcome
Leave refused; application dismissed
Legal Topics
['disability Discrimination' 'defence Employment' 'reasonable Adjustment' 'discretion to Grant Leave']
['administrative Law' 'human Rights Law'] ['disability Discrimination' 'defence Employment' 'reasonable Adjustment' 'discretion to Grant Leave']

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Procedural Posture

Application for Leave to Commence Proceedings Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Leave to Proceed – Determination of Separate Question

Legal Issues

  1. 1 ['Whether leave should be granted under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth)' 'Whether the applicant was unlawfully discriminated against contrary to the Disability Discrimination Act 1992 (Cth)' 'Whether s 53 or s 21A of the Disability Discrimination Act 1992 (Cth) apply as exemptions']

Ratio Decidendi

The application for leave was refused because the applicant could not demonstrate a reasonable case that the alleged discrimination was unlawful, given that all positions in the ADF require meeting inherent physical and deployment requirements, for which his disabilities and phobias rendered him unfit, and because s 53 and s 21A of the Disability Discrimination Act 1992 (Cth) permit such discrimination in these circumstances.

Court Disposition

Leave refused; application dismissed

Orders

  • ['Leave pursuant to s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) refused.' 'Application dismissed.' "Applicant to pay respondents' costs, to be fixed by a Registrar if not agreed." 'Time for any application for leave to appeal or filing of notice of appeal extended to Friday, 4 February 2022.']