Payne v Long [2019] FCA 1765

Payne v Long [2019] FCA 1765

The Course was plainly a special measure within s 8 of the RDA and Art 1(4) of the Convention because it conferred a benefit on Aboriginal people in remote or regional NSW, including the Lake Cargelligo and Murrin Bridge area, for the sole purpose of advancing their equal enjoyment of rights to work and education and training, and the evidence established continuing disadvantage in education and employment for that class. Accordingly, applying the Aboriginal eligibility criterion did not constitute unlawful discrimination under ss 9 or 13 of the RDA. The Court lacked jurisdiction to entertain any disability discrimination claim because that was not part of the terminated AHRC complaint,...

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Application to the Federal Court After Termination of an Australian Human Rights Commission Complaint Alleging Racial Discrimination and Victimisation Under the Racial Discrimination Act 1975 (cth) / Final Judgment After Hearing
Outcome
Application dismissed with costs.
Legal Topics
['racial Discrimination' 'special Measures' 'aboriginal Brokered Tertiary Education Course' 'victimisation' 'australian Human Rights Commission Terminated Complaint' 'federal Court Jurisdiction Under S 46 Po(3) of the Australian Human Rights Commission Act 1986 (cth)' 'disability Discrimination Jurisdiction']
['human Rights' 'anti Discrimination' 'administrative and Constitutional Law'] ['racial Discrimination' 'special Measures' 'aboriginal Brokered Tertiary Education Course' 'victimisation' 'australian Human Rights Commission Terminated Complaint' 'federal Court Jurisdiction Under S 46 Po(3) of the Australian Human Rights Commission Act 1986 (cth)' 'disability Discrimination Jurisdiction']

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Procedural Posture

Application to the Federal Court After Termination of an Australian Human Rights Commission Complaint Alleging Racial Discrimination and Victimisation Under the Racial Discrimination Act 1975 (cth) / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Court had jurisdiction under s 46PO(3) of the Australian Human Rights Commission Act 1986 (Cth) to entertain any claim of disability discrimination.' 'Whether Mr Long did any act involving a distinction, exclusion, restriction or preference based on race when Mr Payne was not admitted to the Course.' 'Whether the Certificate III Civil Construction and Plant Operations course was a special measure within Art 1(4) of the International Convention on the Elimination of All Forms of Racial Discrimination and s 8 of the Racial Discrimination Act 1975 (Cth).' 'Whether TAFE NSW and Mr Long victimised Mr Payne within s 27 of the Racial Discrimination Act 1975 (Cth).']

Ratio Decidendi

The Course was plainly a special measure within s 8 of the RDA and Art 1(4) of the Convention because it conferred a benefit on Aboriginal people in remote or regional NSW, including the Lake Cargelligo and Murrin Bridge area, for the sole purpose of advancing their equal enjoyment of rights to work and education and training, and the evidence established continuing disadvantage in education and employment for that class. Accordingly, applying the Aboriginal eligibility criterion did not constitute unlawful discrimination under ss 9 or 13 of the RDA. The Court lacked jurisdiction to entertain any disability discrimination claim because that was not part of the terminated AHRC complaint,...

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the respondents' costs as agreed or assessed."]