Viskauskas v Niland [1983] HCA 15

Viskauskas v Niland [1983] HCA 15

Section 19 of the Anti-Discrimination Act 1977 (NSW), and related provisions to the extent that they relate to s. 19 and complaints for a breach thereof, are inconsistent with the Racial Discrimination Act 1975 (Cth) and are therefore invalid by s. 109 of the Constitution.

Jurisdiction
Australia
Procedural Posture
Declaratory Relief Proceedings / Final Judgment
Outcome
Plaintiffs succeed; declaration and costs ordered in their favour.
Legal Topics
['racial Discrimination' 'inconsistency Between Commonwealth and State Laws' 's. 109 of the Constitution' 'declaratory Relief']
['constitutional Law' 'discrimination Law'] ['racial Discrimination' 'inconsistency Between Commonwealth and State Laws' 's. 109 of the Constitution' 'declaratory Relief']

Case Brief

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Procedural Posture

Declaratory Relief Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether provisions of the Anti-Discrimination Act 1977 (NSW) regarding racial discrimination are inconsistent with the Racial Discrimination Act 1975 (Cth) and thus invalid by virtue of s. 109 of the Constitution.']

Ratio Decidendi

Section 19 of the Anti-Discrimination Act 1977 (NSW), and related provisions to the extent that they relate to s. 19 and complaints for a breach thereof, are inconsistent with the Racial Discrimination Act 1975 (Cth) and are therefore invalid by s. 109 of the Constitution.

Court Disposition

Plaintiffs succeed; declaration and costs ordered in their favour.

Orders

  • ['Declare that the defendant has and had no power pursuant to the Anti-Discrimination Act 1977 NSW, as amended, to investigate, to conduct conciliation proceedings in respect of, or to refer to the Equal Opportunity Tribunal a complaint arising out of the conduct by the plaintiffs, or any of them, with respect to...