Clarkson v Commonwealth of Australia [No 2] [2006] FCA 1839

Clarkson v Commonwealth of Australia [No 2] [2006] FCA 1839

The matters complained of did not fall within the jurisdiction of the Commonwealth Ombudsman as they concerned State governmental action or policy, not Commonwealth administrative action. The HREOC decision post-dated the application and was not properly pleaded or amended, precluding judicial review under the rules.

Jurisdiction
Australia
Judgment Date
07 December 2006
Procedural Posture
Judicial Review Application / Final Order and Reasons for Judgment
Outcome
Application dismissed
Legal Topics
['jurisdiction of Commonwealth Ombudsman' 'judicial Review of Administrative Decisions' 'human Rights Complaints in Prison Context' 'federal Offenders in State Prisons']
['administrative Law' 'human Rights Law' 'constitutional Law'] ['jurisdiction of Commonwealth Ombudsman' 'judicial Review of Administrative Decisions' 'human Rights Complaints in Prison Context' 'federal Offenders in State Prisons']

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Procedural Posture

Judicial Review Application / Final Order and Reasons for Judgment

Legal Issues

  1. 1 ['Whether decisions of the Commonwealth Ombudsman not to investigate certain matters fall within scope of Ombudsman Act 1974 (Cth)' "Whether HREOC's decision to discontinue enquiry is reviewable given the timing and procedure" 'Whether the Commonwealth has a duty to monitor federal offenders in State prisons' "Whether claims regarding human rights breaches by State departments are within Commonwealth Ombudsman's jurisdiction"]

Ratio Decidendi

The matters complained of did not fall within the jurisdiction of the Commonwealth Ombudsman as they concerned State governmental action or policy, not Commonwealth administrative action. The HREOC decision post-dated the application and was not properly pleaded or amended, precluding judicial review under the rules.

Court Disposition

Application dismissed

Orders

  • ['In relation to the Human Rights and Equal Opportunity Commission: application be dismissed.' 'In relation to the Commonwealth Ombudsman: motion allowed; application be dismissed.']