Mackie v Tay & Ors [2001] FCA 1207

Mackie v Tay & Ors [2001] FCA 1207

The acts complained of by Mr Mackie were conducted by Dr Bollard in direct compliance with an order of the Family Court made under Order 30A of the Family Law Rules; pursuant to s 40(1) of the Sex Discrimination Act 1984 (Cth), such acts are not rendered unlawful by the Act. Therefore, the delegate was correct in determining that the alleged discrimination was not unlawful discrimination within the meaning of the Act and terminating the complaint accordingly.

Jurisdiction
Australia
Judgment Date
04 September 2001
Procedural Posture
Judicial Review Application Under ADJR Act / Judgment on Application for an Order of Review
Outcome
Application dismissed
Legal Topics
['sex Discrimination' 'complaint Termination' 'review of Administrative Decisions' 'judicial Review' 'vicarious Liability']
['human Rights' 'administrative Law' 'anti Discrimination Law'] ['sex Discrimination' 'complaint Termination' 'review of Administrative Decisions' 'judicial Review' 'vicarious Liability']

Case Brief

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Procedural Posture

Judicial Review Application Under ADJR Act / Judgment on Application for an Order of Review

Legal Issues

  1. 1 ['Whether the complaint alleged unlawful discrimination within the meaning of the Sex Discrimination Act 1984 (Cth)' 'Whether a court-appointed psychologist was performing a function under a Commonwealth law' 'Whether the psychologist was acting in direct compliance with a court order under s 40(1) of the Sex Discrimination Act 1984 (Cth)' 'Whether the Family Court or Commonwealth could be vicariously liable under ss 105 or 106 of the Sex Discrimination Act 1984 (Cth)']

Ratio Decidendi

The acts complained of by Mr Mackie were conducted by Dr Bollard in direct compliance with an order of the Family Court made under Order 30A of the Family Law Rules; pursuant to s 40(1) of the Sex Discrimination Act 1984 (Cth), such acts are not rendered unlawful by the Act. Therefore, the delegate was correct in determining that the alleged discrimination was not unlawful discrimination within the meaning of the Act and terminating the complaint accordingly.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']