Kowalski v Domestic Violence Crisis Service Inc. [2001] FCA 1082

Kowalski v Domestic Violence Crisis Service Inc. [2001] FCA 1082

Section 12(2) of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) applied because, following the setting aside of Commissioner Dodson’s decision and his subsequent unavailability, a new inquiry was required and none had commenced as at 13 April 2000; the complaint was therefore deemed terminated as of that date.

Jurisdiction
Australia
Judgment Date
10 August 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed
Legal Topics
['judicial Review of Administrative Decisions' 'transitional Provisions' 'sex Discrimination' 'statutory Construction']
['administrative Law' 'anti Discrimination Law' 'statutory Interpretation'] ['judicial Review of Administrative Decisions' 'transitional Provisions' 'sex Discrimination' 'statutory Construction']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether upon remittance from the Federal Court the inquiry was to be continued or a new inquiry commenced in light of legislative change' 'Whether s 12(2) of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) applied so as to terminate the complaint' 'Proper construction of the transitional provisions of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) and application to remitted cases']

Ratio Decidendi

Section 12(2) of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) applied because, following the setting aside of Commissioner Dodson’s decision and his subsequent unavailability, a new inquiry was required and none had commenced as at 13 April 2000; the complaint was therefore deemed terminated as of that date.

Court Disposition

Application allowed

Orders

  • ['The application be allowed.' 'The decision of the second respondent, the Human Rights and Equal Opportunity Commission, given on 26 July 2000, be set aside.' "The applicant's complaint of discrimination made to the second respondent be regarded as terminated pursuant to s 12(2) of the Human Rights Legislation...