Information about the Intervention Role
The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in:
- The Racial Discrimination Act 1975 (Cth), s 20(1)(e)
- The Sex Discrimination Act 1984 (Cth), s 48(1)(gb)
- The Disability Discrimination Act 1992 (Cth), s 67(1)(l)
- The Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 11(1)(o) and s. 31(j)
When a relevant human rights or discrimination issue arises in a case and the Commission could provide expert assistance that would otherwise not be available to the Court, the Commission may seek leave of the Court to intervene in the proceedings. The Commission will then make submissions on the issues that relate to the Commission's powers.
- The Commission has Guidelines for Interventions which are available here.
- For a detailed discussion of the Commission's role as an intervener click here.
- A table of all Interventions made by the Commission since 1988 is available in
Word and 
PDF formats. (Last updated 27 September 2006)
The intervention power is to assist the court, and has been used by the Commission in several cases, including:
CRIMINAL LAW
- Aboriginal customary law (group rights - article 27 ICCPR) v individual human rights and fundamental freedoms (freedom from violence and discrimination (CEDAW))
- Right of a fair trial
DISABILITY DISCRIMINATION
- Indirect discrimination in education
EMPLOYMENT LAW
- Meaning of 'inherent requirement'
- Occupational Health & Safety Issues
FAMILY LAW
- Right of transgender marriage
- Consent to surgical treatment by children
- Consent to medical treatment on behalf of a child
- Sterilisation of young women with disabilities
- Re Katie (1996) FLC 92-659;
- P & P: In the matter of ; Legal Aid Commission of New South Wales, Unreported, Moore J, 23 Sept 1994
- P v P; re Lessli (1995) FLC 92-615;
- Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 (Re Marion No 1)
- Re a Teenager (1988) 94 FLR 181;
- Proceedings involving child abduction cases
- Relocation of children and the Convention on the Rights of the Child
HUMAN RIGHTS
- Aboriginal Deaths in Custody
- Mental Illness and the Criminal Justice System: the rights to humane treatment in articles 7 and 10(1) of the ICCPR
- International law and the extent to which administrative decision makers are obliged to take into account international human rights instruments in making decisions
- Freedom of political speech
- The criminalisation of homosexuality
- The Right to Life
NATIVE TITLE
- Ben Ward obo Miriuwung and Gajerrong Peoples & Ors v State of WA & Ors, High Court of Australia, 6 -16 March 2001.
- Between Members of the Yorta Yorta Aboriginal Community v State of Victoria and Ors, High Court of Australia, M128 of 2001
RACE DISCRIMINATION
- Underpayment of Aboriginal Wages
- The interpretation of the race power in section 51(xxvi) of the Commonwealth Constitution
REFUGEE LAW
- Power to detain under s 196 of the Migration Act 1958 (Cth)
- Re Woolley; Ex parte Applicants M276/2003 by their next friend GS [2004] HCA 49
- Al-Kateb v Godwin [2004] HCA 37
Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji [2004] HCA 38
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs [2004] HCA 36 - Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri [2003] FCAFC 70
- Minister for Immigration, Multicultural and Indigenous Affairs v VFAD [2002] FCAFC 390
- Section 474 ("the Privative Clause") of the Migration Act 1958 (Cth)
- S134/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 1
- NAAV v Minister for Immigration and Multicultural Affairs (No. N.265/2002) & NABE v Minister for Immigration and Multicultural Affairs (No.N282/2002)
- Guardianship of unaccompanied children
- Access by people in detention to legal representatives
- Wu Yu Fang v Minister for Immigration and Ethnic Affairs (1996) (Federal Court)
- Wu Yu Fang v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 (Full Federal Court)
- Continued detention after serving a criminal sentence and pending deportation
- Ming Dung Luu v Minister for Immigration and Multicultural Affairs [2001] FCA 1136
- Ming Dung Luu v Minister for Immigration and Multicultural Affairs [2002] FCAFC 36
- Rights of asylum seekers aboard the Tampa
- Victorian Council for Civil Liberties Incorporated and Vadarlis v Minister for Immigration & Multicultural Affairs & Ors [2001] FCA 1297 (Federal Court)
- Minister for Immigration & Multicultural Affairs & Ors v Vadarlis and VGCCL [2001] FCA 1329 (Full Federal Court)
- Vadarlis v Minister for Immigration & Multicultural Affairs & Ors - Link to transcript of Application for Special Leave to High Court of Australia
- Applications for refugee status as a result of the one child policy of the Peoples Republic of China
- C, L J & Z v Minister for Immigration and Ethnic Affairs, unreported, O'Loughlin J, 30 March 1995.
- Long Guan Chun, Li Liu Ying and Long Guan Juan v. Minister for Immigration, Local Government and Ethnic Affairs, Mr M.W. Gerkens and Human Rights and Equal Opportunity Commission (Intervener) Nos DG8, DG9 And DG10 of 1995 Fed No. 243/96
- Assessment of "sur place" claims
SEX DISCRIMINATION
- Sex-based insults and sexual harassment
- Access to IVF treatment
- Pay Equity for casual employees
- Parental Leave
- ACTU Family Provisions Test Case
