Davis -V- Nunn [1998] NSWEOT

Davis -V- Nunn [1998] NSWEOT

The Tribunal does not have jurisdiction because the President did not issue a valid section 89B(4) notice at the time of referral and the complainant failed to request referral within the mandatory 21-day period specified in section 91(1).

Jurisdiction
Australia
Judgment Date
06 March 1998
Procedural Posture
Racial Vilification Complaint / Jurisdictional Determination
Outcome
Complaint dismissed for want of jurisdiction
Legal Topics
['racial Vilification' 'jurisdiction' 'procedural Requirements']
['anti Discrimination Law'] ['racial Vilification' 'jurisdiction' 'procedural Requirements']

Case Brief

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Procedural Posture

Racial Vilification Complaint / Jurisdictional Determination

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to inquire into the complaint under the Anti-Discrimination Act 1977' 'Whether the President issued a valid section 89B(4) notice' 'Whether the complainant exercised the right to require referral within the statutory timeframe']

Ratio Decidendi

The Tribunal does not have jurisdiction because the President did not issue a valid section 89B(4) notice at the time of referral and the complainant failed to request referral within the mandatory 21-day period specified in section 91(1).

Court Disposition

Complaint dismissed for want of jurisdiction

Orders

  • []