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Summary of Interventions by the Australian Human Rights Commission

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Friday 14 December, 2012

Summary of Interventions by the Australian Human Rights Commission

Updated 11 December 2009

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YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT
1988 1.   Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court
  2.   Re Jane Family Law – Sterilisation of person with disability – whether parents require courts consent Family Court
1990 3.   Federated Workers Union of Aust & Ors 773/1990 Family Law – Parental Leave Test case AIRC
1991 4.   Secretary, Department of Health and Community Services v JWB & SMB (In re Marion (No.1)) (1992) 175 CLR 218 Family Law – Sterilisation of a young woman with a disability High Court
1992 5.   Mount Isa Mines Ltd v Marks (1992) 35 FCR 96 Employment Law – OH&S issues Full Federal Court
6.   R v Cheung, Unreported, Badgery-Parker J, 26 November 1992 Criminal Law – Right to a fair trial NSW Supreme Court
1994 7.   Re Michael: John Briton, Acting Public Advocate (Victoria) v GP and KP and the Human Rights and Equal Opportunity Commission
(1994) FLC 92-486
Family Law –
Consent to surgical treatment
Family Court
8.   ZP & PS (1994) 181 CLR 639 Family Law –
Abduction of a child
High Court
9.   Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Family Law – Deportation of the father of seven children High Court
10.   P & P: In the Matter of; Legal Aid Commission of New South Wales, Unreported, Moore J, 23 September 1994;
P & P: In the Matter of; Legal Aid Commission of New South Wales (1995) FLC 92-615
Family Law –
Sterilisation of a young woman with a disability
Family Court
Full Family Court
High Court
11.   In re Marion (No.2) (1994) FLC 92-448 Family Law – Sterilisation of a young woman with a disability Family Court
1995 12.   C, L, J & Z v Minister for Immigration and Ethnic Affairs, Unreported, O’Loughlin J, 30 March 1995;
Long Guan Chun, Li Liu Ying & Long Guan Juan v Minister for Immigration, Local Government & Ethnic Affairs (1996) 136 ALR 303 
Refugee Law –
‘One child policy’ of the Peoples Republic of China
Federal Court
Full Federal Court
13.   Wu Yu Fang & Ors v Minister for Immigration & Ethnic Affairs, FedCt(NT) DG4/95
Wu Yu Fang v Minister for Immigration and Ethnic Affairs and Commonwealth of Australia (1996) 64 FCR 245
Refugee Law –
Access to lawyers by persons in detention
Federal Court
Full Federal Court
14.   Re: Katie (1996) FLC 92-659 Family Law – Sterilisation of a young woman with a disability Family Court
1996 15.   Albert Langer v Australian Electoral Commission (1996) 59 FCR 450 Electoral Law –
Freedom of political speech
Full Federal Court
16.   Rodney Croome & Nicholas Toonen v The State of Tasmania (1997) 71 ALR 397 Constitutional Law – Alleged inconsistency between State and Federal legislation High Court
1997 17.   In the matter of: B v B: Family Law Reform Act 1995 (1997) No.TV 1833 of 1996 Family Law – Relocation of mother and children away from father Full Family Court
18.   Qantas Airlines Limited v John Christie (1998) 193 CLR 280 Employment Law –
Meaning of ‘inherent
requirements’
High Court
1998 19.   Kartinyeri v The Commonwealth of Australia (1998) 195 CLR 337 Constitutional Law –
The race power in s 51(xxvi) of the Constitution
High Court
20.   Death of Andrew Ross Coronial inquest – Death of indigenous youth in custody NT Coroners Court
2000 21.   AMWU Casuals and Part-time Case
1572/2000
Employment Law – Pay equity for casual and part time Employees AIRC
2001 22.   Western Australia v Ward (2002) 213 CLR 1 Native Title Law -Definition of native title rights High Court
23.   Ming Dung Luu v Minister for Immigration and Multicultural Affairs (2001) 65 ALD 161;
Luu v Minister for Immigration Multicultural Affairs [2002] 127 FCR 24
Refugee Law – Criminal deportation Federal Court
Full Federal Court
24.   Victorian Council for Civil Liberties Incorporated & Vardalis v Minister for Immigration & Multicultural Affairs & Ors (2001) 110 FCR 452;
Minister for Immigration & Multicultural Affairs & Ors v Vardalis & VGCCL (2001) 110 FCR 491;
Vardalis v Minister for Immigration & Multicultural Affairs & Ors – M93/2001 (27 November 2001) (Special leave application to High Court of Australia)
Refugee Law –
Tampa litigation
Federal Court
Full Federal Court
High Court
2002 25.   (IVF Case) Re McBain: Ex parte Australian Catholic Bishops Conference [2002] HCA 16 Constitutional Law –Standing and sex discrimination legislation High Court
26.   Rainsford v State of Victoria [2002] FMCA 266  Discrimination Law – Application of the Disability Discrimination Act 1992 (Cth) to the States Federal Magistrates Court
27.   Peter Martizi and Simon Odhiambo v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 29 Refugee Law –
Guardianship of unaccompanied minors
Full Federal Court
High Court
28.   (Pay Equity Case) AMWU v Gunn & Taylor (2002) EOC 93-225 Employment Law –Pay equity for casual employees Australian Industrial Relations Commission
29.   Members of the Yorta Yorta Aboriginal Community v State of Victoria & Ors (2002) 214 CLR 422 Native Title Law –
Concept of ‘abandonment’ of native title
High Court
30.   NAAV v Minister for Immigration and Multicultural Affairs (2002) 123 FCR 298 Refugee Law –
Privative clause amendments
Full Federal Court
31.   AM
(Written submissions provided to Tribunal, decision not publicly available)
Refugee Law –
sur place’ amendments to Migration Act 1958 (Cth)
Refugee Review Tribunal
32.   Song v Ainsworth Games Technology [2002] FMCA 31 Discrimination Law – Family responsibilities and flexible work hours Full Federal Court
33.   Graincorp Operations Ltd v Markham (2003) EOC 93-250  Employment Law – Sexual harassment Australian Industrial Relations Commission
34.   Minister for Immigration, Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249 Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth) Full Federal Court
35.   Death of Nurjan and Fatimeh Husseini Death of “unlawful non-citizens” at sea WA Coroner’s Court
 
2003 36.   Attorney-General for the Commonwealth v Kevin and Jennifer [2003] FamCA 94 Family Law – Right of people with a transsexual history to marry Full Family Court
37.   S134/ 2002 v Minister for Immigration and Multicultural Affairs (2003) 211 CLR 441 Refugee Law –
Privative clause amendments
High Court
38.   Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (2003) 126 FCR 54 Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth) Full Federal Court
2004 39.   Al-Kateb v Godwin (2004) 219 CLR 562 Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji (2004) 219 CLR 664
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (2004) 219 CLR 486
Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth) High Court
40.   Catholic Education Office v Clarke [2004] FCAFC 197 Disability discrimination in Education Full Federal Court
41.   Re Woolley; Ex parte Applicants M276/2003 by their next friend GS (2004) 225 CLR 1 Constitutional validity of s.196 of the Migration Act 1958 (Cth) in so far as it authorises the detention of children High Court
42.   Re Alex: Hormonal Treatment For Gender Identity Dysphoria [2004] FamCA 297 Family Law – Hormonal Treatment for Gender Identity Dysphoria Family Court
43.   ACTU Work and Family Test Case [2005] AIRC PRO82005 Family friendly award provision AIRC
44.   Howe v QANTAS
(Affidavit filed matter discontinued)
Sex discrimination –pregnancy and flexible working hours Federal Court
2005 45.   Australian Competition Consumer Commission v Radio Rentals [2005] FCA 1133
(The Commission’s involvement was to make submissions in relation to certain orders sought by the ACCC in the event that breaches of the TPA were established. Submissions were not prepared as the application was dismissed.)
Trade Practices Act 1974 (Cth) Federal Court
46.   Inquest into the Death of Mulrunji Aboriginal death in custody on Palm Island Qld Coroners Court
47.   The Queen v GJ [2005] NTCCA 20
(The Court refused HREOC’s application for leave to appear)
Group rights (art 27 ICCPR) v individual human rights and fundamental freedoms (freedom from violence from discrimination (CEDAW)) NT Court of Criminal Appeal
48.   Petrol Sniffing Coronial Inquest
(Written submissions provided to the Coroner)
Systemic issues relating to petrol sniffing NT Coroners Court
2006 49.   Baird & Ors v State of Queensland
(2006) 156 FCR 451
Indigenous wage differentiation and interpretation of RDA Full Federal Court
50.   Coronial Inquest into the death of Scott Simpson Systemic issues on the treatment of mentally ill people within the criminal justice system Glebe Coroner’s Court
51.   Re Bernadette Medical treatment for children and young people – transsexualism. Family Court
52.   Hurst v Education Qld (2006) 151 FCR 562 Disability Discrimination in education Full Federal Court
2007 53.   Qantas Airways Limited v Gama
(2008) 167 FCR 537
Racial and disability discrimination in employment. Federal Court
  54.   Bropho v Western Australia (2008) 169 FCR 59 Racial discrimination under the Reserves (Reserve 43131) Act 2003 (WA). Full Federal Court
2008 55.   R v Tang (2008) 237 CLR 1 Interpretation of slavery provisions under the Commonwealth Criminal Code High Court
  56.   Morton v The Queen
[2009] QDC 233
Racial discrimination and alcohol limitations on Palm Island Queensland District Court
  57.   Coronial Inquest into the death of Mr Ward Aboriginal death in custody: arrest and transportation of prisoners in remote Western Australia WA Coroners Court
  58.   Coronial Inquest into the deaths of Mr Gurralpa and Robert Plasto-Lahner
[2009] NTMC 014
Deaths in custody, use of force by police in arrest, treatment of people with mental illness NT Coroners Court
  59.   Aurukun Shire Council v Chief Executive, Office of Liquor gaming and Racing in the Department of Treasury [2008] QSC 305 Racial discrimination and liquor licensing laws Qld Court of Appeal
2009 60. NT Coroners Court Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner [2009] NTMC 014 Aboriginal deaths in custody NT Coroners Court
  61. Coronial Inquest into the death of Mr Ward Aboriginal death in custody: arrest and transportation of prisoners in remote Western Australia WA Coroners Court
  62. Application by the Australian Municipal, Administrative, Clerical and Services Union and Others for an Equal Remuneration order in the Social and Community Services Industry – Fair Work Australia Pay Equity application for the whole sector Fair Work Australia
2010 63. AB and AH v State of Western Australia and Gender Reassignment Board of WA Gender Reassignment – application of Gender Reassignment Act WA High Court
2011 64. Plaintiff M106/2011 by his Litigation Guardian v Minister for Immigration and Citizenship
(Also referred to as Plaintiff M70 /2011 v Minister for  Immigration  and Citizenship; Plaintiff M106 of 2011 v Minister for  Immigration  and Citizenship [2011] HCA 32 (31 August 2011))
Human rights – removing unaccompanied children to another country was unlawful. High Court
  65. Clarke v Nationwide News trading as The Sunday Times [2012] FCA 307 (27 March 2012) unlawful discrimination – racial discrimination – contravention of s 18C of the Racial Discrimination Act 1975 (Cth) –posting of comments on a website Federal Court
  66. Smeaton applicant parents challenge whether hormonal treatment of a child for transsexualism requires authorisation by the Family Court, and alternatively seek declaratory relief authorising certain treatment for transsexualism to be administered to their child Family Court
2012 67. Ellison & Karnchanit [2012] FamCA 602 International surrogacy arrangements – application for parenting orders – Convention on the Rights of the Child Family Court
  68. Re: Jamie [2013] FamCAFC 110 Special medical procedures – childhood gender identity disorder –is treatment of childhood gender identity disorder a medical procedure which requires court authorisation pursuant to the court’s welfare jurisdiction under s 67ZC? Full Court of the Family Court of Australia
  69. Plaintiff M47-2012 v Director General of Security [2012] HCA 46 Human rights – adverse security assessment by ASIO of person found to be a refugee – whether regulation prescribing PIC 4002 as a criteria for a protection visa valid – natural justice High Court
2013 70. Karim v R; Magaming v R; Bin Lahaiya v R; Bayu v R; Alomalu v R [2013] NSWCCA 23 Human Rights – Constitutional law- criminal law - mandatory minimum sentences - two overlapping provisions for sentences - whether minimum mandatory sentences valid NSW Court of Criminal Appeal
  71. Wilson v Joseph Michael Francis, Minister for Corrective Services For The State of Western Australia [2013] WASC 157 (3 May 2013) Administrative law – decision to declare a place a ‘detention centre’ – transfer juvenile offenders to prison – authority to transfer juvenile offenders in emergency circumstances – human rights Western Australia Supreme Court
  72.  Magaming v The Queen [2013] HCA 40 (11 October 2013) Constitutional Law - separation of powers – Mandatory Minimum sentence for people smuggling High Court
  73. Maloney v The Queen [2013] HCA 28 (19 June 2013) interpretation of section 10 and section 8 of the Racial Discrimination Act 1975 (Cth). The Commission sought leave in a further attempt to have the law in relation to section 10 of the Racial Discrimination Act clarified. This followed previous interventions in Aurukun and Morton High Court
2014 74. Tajjour, Hawthorne, Forster v NSW 2014 proceedings challenging validity of s 93X of Crimes Act 1900 (NSW) High Court
  75. Bateman v Kavan Definition of parent for Child Support Assessment Act Family Court of Australia
  76. CPCF v Min DIPB & Commonwealth Maritime Powers Act High Court
  77. Farnell & Li v Minjaroen Parenting orders for a child born through an international surrogacy matter Family Court of Western Australia