Baird v State of Queensland [2005] FCA 495

Baird v State of Queensland [2005] FCA 495

The applicants were not employed by the State of Queensland. Their employment was with the Church or local mission councils, who exercised discretion over wages and employment levels. The government provided grants to the Church, but these grants did not legally determine employment arrangements or wage levels on missions. Accordingly, s 15 RDA was not engaged. Under s 9 RDA, the government’s payment of grants did not involve a distinction, exclusion, restriction or preference based on race within the meaning of the Act. No specific government act in calculation or provision of the grants was identified that constituted unlawful discrimination.

Jurisdiction
Australia
Judgment Date
19 August 2005
Procedural Posture
Discrimination Claim / Trial Judgment
Outcome
Applicant's claims dismissed
Legal Topics
['racial Discrimination in Employment' 'government Funding and Statutory Interpretation' 'racial Discrimination Act 1975 (cth)' 'employment on Church Run Missions']
['discrimination Law'] ['racial Discrimination in Employment' 'government Funding and Statutory Interpretation' 'racial Discrimination Act 1975 (cth)' 'employment on Church Run Missions']

Case Brief

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Procedural Posture

Discrimination Claim / Trial Judgment

Legal Issues

  1. 1 ['Whether the applicants were employed by the State of Queensland for the purposes of s 15 Racial Discrimination Act 1975 (Cth)' 'Whether government grants to church-run missions involved unlawful racial discrimination contrary to s 9 Racial Discrimination Act 1975 (Cth)']

Ratio Decidendi

The applicants were not employed by the State of Queensland. Their employment was with the Church or local mission councils, who exercised discretion over wages and employment levels. The government provided grants to the Church, but these grants did not legally determine employment arrangements or wage levels on missions. Accordingly, s 15 RDA was not engaged. Under s 9 RDA, the government’s payment of grants did not involve a distinction, exclusion, restriction or preference based on race within the meaning of the Act. No specific government act in calculation or provision of the grants was identified that constituted unlawful discrimination.

Court Disposition

Applicant's claims dismissed

Orders

  • []