Rivera v Human Rights and Equal Opportunity Commission [2007] FCA 1913

Rivera v Human Rights and Equal Opportunity Commission [2007] FCA 1913

The application failed because the applicant was on notice, from the Commission's letter of 30 May 2007, that the President might discontinue the inquiry if civil litigation provided a more appropriate remedy, and he responded to that issue on 5 June 2007. No undisclosed material from the Department of Corrective Services affecting the decision was established, the incorrect reference to a July 2007 statement of claim was not operative, and there was no evidence that the President knew the applicant might discontinue against the Commonwealth. The complaint that the Supreme Court proceedings might face difficulties was a merits challenge, not a reviewable error, and the President's opinion...

Jurisdiction
Australia
Judgment Date
04 December 2007
Procedural Posture
Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) of a Decision of the President of the Human Rights and Equal Opportunity Commission to Discontinue an Inquiry Into a Complaint / Final Judgment
Outcome
Application dismissed.
Legal Topics
['judicial Review' 'procedural Fairness' 'improper Exercise of Power' 'jurisdictional Error' 'discontinuance of Human Rights and Equal Opportunity Commission Inquiry' 'availability of Alternative Remedy']
['administrative Law' 'human Rights'] ['judicial Review' 'procedural Fairness' 'improper Exercise of Power' 'jurisdictional Error' 'discontinuance of Human Rights and Equal Opportunity Commission Inquiry' 'availability of Alternative Remedy']

Case Brief

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Procedural Posture

Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) of a Decision of the President of the Human Rights and Equal Opportunity Commission to Discontinue an Inquiry Into a Complaint / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant was denied procedural fairness because communications from the New South Wales Department of Corrective Services to the Commission were not provided to him before the President decided to discontinue the inquiry.' 'Whether the President improperly exercised power by discontinuing the inquiry when the Commonwealth was later removed as a party to the Supreme Court proceedings.' "Whether the President's opinion that Supreme Court proceedings provided a more appropriate remedy reasonably available to the applicant was premature or legally unreasonable."]

Ratio Decidendi

The application failed because the applicant was on notice, from the Commission's letter of 30 May 2007, that the President might discontinue the inquiry if civil litigation provided a more appropriate remedy, and he responded to that issue on 5 June 2007. No undisclosed material from the Department of Corrective Services affecting the decision was established, the incorrect reference to a July 2007 statement of claim was not operative, and there was no evidence that the President knew the applicant might discontinue against the Commonwealth. The complaint that the Supreme Court proceedings might face difficulties was a merits challenge, not a reviewable error, and the President's opinion...

Court Disposition

Application dismissed.

Orders

  • ['The application for judicial review be dismissed.' 'The applicant pay the costs of the second respondent, the Commonwealth of Australia.']