Koppen, K. v. Commissioner for Community Relations [1986] FCA 219

Koppen, K. v. Commissioner for Community Relations [1986] FCA 219

The person presiding at the compulsory conference (Evelyn Scott) made statements that a reasonable person would apprehend as indicating bias. As a compulsory conference is a statutory pre-condition to the bringing of civil proceedings under the Racial Discrimination Act 1975, those presiding are under a duty to act fairly and accord natural justice. The breach of that duty vitiates the certificates given purporting to conclude the conference, rendering them of no effect.

Parties
Applicant: Kevin Koppen; Respondent: The Commissioner for Community Relations
Jurisdiction
Australia
Judgment Date
02 June 1986
Procedural Posture
Application for Judicial Review / Judgment on the Merits
Outcome
Certificates declared to be of no effect; costs awarded to the applicant.
Legal Topics
Natural Justice, Bias in Administrative Proceedings, Conciliation Under Racial Discrimination Act, Pre Conditions for Civil Proceedings, Procedural Fairness
Administrative Law Discrimination Law Natural Justice Bias in Administrative Proceedings Conciliation Under Racial Discrimination Act Pre Conditions for Civil Proceedings Procedural Fairness

Case Brief

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Parties

Kevin Koppen

Applicant

The Commissioner for Community Relations

Respondent

Procedural Posture

Application for Judicial Review / Judgment on the Merits

Legal Issues

  1. 1 Whether a breach of the rules of natural justice occurred in connexion with the making of the decision to give certificates under the Racial Discrimination Act 1975
  2. 2 Whether the duty to accord natural justice applies to compulsory conferences under the Act
  3. 3 Whether or not a breach of any such duty occurred, by reason of alleged bias of the person presiding at the conference

Ratio Decidendi

The person presiding at the compulsory conference (Evelyn Scott) made statements that a reasonable person would apprehend as indicating bias. As a compulsory conference is a statutory pre-condition to the bringing of civil proceedings under the Racial Discrimination Act 1975, those presiding are under a duty to act fairly and accord natural justice. The breach of that duty vitiates the certificates given purporting to conclude the conference, rendering them of no effect.

Court Disposition

Certificates declared to be of no effect; costs awarded to the applicant.

Orders

  • The court declares that the certificates given on 24 February 1984 are of no effect.
  • The court orders that the respondent pay the applicant's costs of and incidental to the application, to be taxed if not agreed.