Ferneley v The Boxing Authority of New South Wales [2001] FCA 1740

Ferneley v The Boxing Authority of New South Wales [2001] FCA 1740

Section 22 of the Sex Discrimination Act 1984 (Cth) does not apply to the grant or refusal of occupational registrations by statutory authorities covered by section 18, even where section 18 itself does not bind the Crown in right of a State. As a result, the Boxing Authority's refusal to consider the applicant's registration did not contravene section 22, and therefore section 8(1) of the Boxing and Wrestling Control Act 1986 (NSW) is not invalid for inconsistency. Section 42 (exemption for competitive sporting activity where strength, stamina, or physique is relevant) would not have applied as the activity in question was same-sex competition, but this was not determinative of the outcome.

Jurisdiction
Australia
Judgment Date
10 December 2001
Procedural Posture
Application Alleging Unlawful Discrimination (sex Discrimination Act 1984 Commonwealth) / Final Judgment and Orders After Hearing
Outcome
Application dismissed
Legal Topics
['sex Discrimination in Sport' 'state Vs Commonwealth Legislative Inconsistency' 'statutory Interpretation of Exemptions' 'scope of Anti Discrimination Provisions']
['discrimination Law' 'administrative Law' 'sports Law'] ['sex Discrimination in Sport' 'state Vs Commonwealth Legislative Inconsistency' 'statutory Interpretation of Exemptions' 'scope of Anti Discrimination Provisions']

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Procedural Posture

Application Alleging Unlawful Discrimination (sex Discrimination Act 1984 Commonwealth) / Final Judgment and Orders After Hearing

Legal Issues

  1. 1 ["Whether the Boxing Authority's refusal to consider the applicant's registration due to her sex contravened the Sex Discrimination Act 1984 (Cth)" 'Whether section 22 of the Sex Discrimination Act applies to the registration process' 'Whether section 42 of the Sex Discrimination Act exempts the conduct' 'Whether section 8(1) of the Boxing and Wrestling Control Act 1986 (NSW) is invalid due to inconsistency with the Commonwealth Act']

Ratio Decidendi

Section 22 of the Sex Discrimination Act 1984 (Cth) does not apply to the grant or refusal of occupational registrations by statutory authorities covered by section 18, even where section 18 itself does not bind the Crown in right of a State. As a result, the Boxing Authority's refusal to consider the applicant's registration did not contravene section 22, and therefore section 8(1) of the Boxing and Wrestling Control Act 1986 (NSW) is not invalid for inconsistency. Section 42 (exemption for competitive sporting activity where strength, stamina, or physique is relevant) would not have applied as the activity in question was same-sex competition, but this was not determinative of the outcome.

Court Disposition

Application dismissed

Orders

  • ['The proceeding be dismissed.' 'The costs of the proceeding be reserved.']