Commonwealth of Australia v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1295

Commonwealth of Australia v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 1295

The exclusion of persons aged over 28 from employment as Army Specialist Service pilots was not 'based on' the inherent requirements of the job, because there was no sufficiently close correlation between age and fitness, skill, or other job requirements; therefore, the age limit constituted unlawful discrimination under the Act.

Parties
Applicant: Commonwealth of Australia; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: Robert Bradley
Jurisdiction
Australia
Judgment Date
16 October 1998
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application for review dismissed; costs awarded against the applicant.
Legal Topics
Age Discrimination, Inherent Requirements Exception, Discrimination in Employment, Judicial Review of Administrative Decisions
Human Rights Law Employment Law Anti Discrimination Law Age Discrimination Inherent Requirements Exception Discrimination in Employment Judicial Review of Administrative Decisions

Case Brief

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Parties

Commonwealth of Australia

Applicant

Human Rights and Equal Opportunity Commission

First Respondent

Robert Bradley

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant suffered discrimination in employment due to an age limit for Army pilots.
  2. 2 Whether failure to make a formal application for employment precluded a finding of discrimination.
  3. 3 Whether the Commission erred in identifying 'inherent requirements of the job' or made findings without evidence.

Ratio Decidendi

The exclusion of persons aged over 28 from employment as Army Specialist Service pilots was not 'based on' the inherent requirements of the job, because there was no sufficiently close correlation between age and fitness, skill, or other job requirements; therefore, the age limit constituted unlawful discrimination under the Act.

Court Disposition

Application for review dismissed; costs awarded against the applicant.

Orders

  • The application for review filed by the Commonwealth of Australia be dismissed.
  • The Commonwealth of Australia pay the costs incurred in connection with that application by the respondents, Human Rights and Equal Opportunity Commission and Robert Bradley.