McGlade v Lightfoot [2002] FCA 1457

McGlade v Lightfoot [2002] FCA 1457

The respondent's statements were made to a journalist with the intention and reasonable expectation they would be published and thus constituted an act done 'otherwise than in private' under s 18C(2). Objectively, the statements were reasonably likely to offend or insult Aboriginal people or groups. The act was done because of the race or ethnic origin of those people. The respondent did not discharge the onus to prove any statutory defence under s 18D applied. Thus, the conduct constituted unlawful discrimination under s 18C.

Parties
Applicant: Hannah McGlade; Respondent: Senator Ross Lightfoot
Jurisdiction
Australia
Judgment Date
26 November 2002
Procedural Posture
Application Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) Alleging Unlawful Conduct Under S 18 C of the Racial Discrimination Act 1975 (cth) / Final Judgment After Hearing
Outcome
Application allowed in part. Declaration made of unlawful conduct. Costs awarded to applicant; no order for donation.
Legal Topics
Racial Discrimination, Offensive Behaviour, Public Statements, Statutory Exemptions, Costs Orders
Human Rights Law Discrimination Law Racial Discrimination Offensive Behaviour Public Statements Statutory Exemptions Costs Orders

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Parties

Hannah McGlade

Applicant

Senator Ross Lightfoot

Respondent

Procedural Posture

Application Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) Alleging Unlawful Conduct Under S 18 C of the Racial Discrimination Act 1975 (cth) / Final Judgment After Hearing

Legal Issues

  1. 1 Whether respondent made the complained statements 'otherwise than in private' under s 18C(2) of the Racial Discrimination Act
  2. 2 Whether the statements were reasonably likely to offend, insult, humiliate or intimidate another person or group of people
  3. 3 Whether the act was done because of the race or ethnic origin of the relevant group

Ratio Decidendi

The respondent's statements were made to a journalist with the intention and reasonable expectation they would be published and thus constituted an act done 'otherwise than in private' under s 18C(2). Objectively, the statements were reasonably likely to offend or insult Aboriginal people or groups. The act was done because of the race or ethnic origin of those people. The respondent did not discharge the onus to prove any statutory defence under s 18D applied. Thus, the conduct constituted unlawful discrimination under s 18C.

Court Disposition

Application allowed in part. Declaration made of unlawful conduct. Costs awarded to applicant; no order for donation.

Orders

  • Declaration that respondent engaged in conduct rendered unlawful by s 18C of the Racial Discrimination Act 1975 (Cth) by making the identified statements to a journalist.
  • The respondent pay the applicant's costs other than costs relating to written submissions faxed to the Court without leave and limited oral submissions to like effect.