Court of Appeal (Qld)|2002-10-19|Before: de Jersey CJ, McPherson JA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
de Jersey CJ, McPherson JA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
Catchwords
ADMINISTRATIVE LAW – JUDICIAL REVIEW LEGISLATION –
COMMONWEALTH, QUEENSLAND AND AUSTRALIAN CAPITAL TERRITORY –
GROUNDS FOR
REVIEW OF DECISION – IMPROPER EXERCISE OF POWER – ERROR OF LAW
Source
Original judgment source is linked above.
Catchwords
ADMINISTRATIVE LAW – JUDICIAL REVIEW LEGISLATION –COMMONWEALTH, QUEENSLAND AND AUSTRALIAN CAPITAL TERRITORY –GROUNDS FORREVIEW OF DECISION – IMPROPER EXERCISE OF POWER – ERROR OF LAW– where employee made complaint of discriminationon the ground ofimpairment – where Anti-Discrimination Commissioner exercised discretionto accept complaint outside one yearlimit – whether there was evidencefrom which the Commissioner could be reasonably satisfied there was good causeto acceptcomplaintADMINISTRATIVE LAW – PARTICULAR TRIBUNALS ORBODIES – ANTI-DISCRIMINATION AND EQUAL OPPORTUNITYTRIBUNALSDISCRIMINATION LAW – STATE PROVISIONS – QUEENSLAND– whether “good cause” in s138(2) Anti-Discrimination Act1991 requires explanation for delay in bringingcomplaintAnti-Discrimination Act 1991 (Qld), s 2, s 4, s 6(2), s7(1)(h), s 11, s 15(1)(a), s 15(1)(f), s 136(b), s 138, s 139JudicialReview Act 1991(Qld), s 20(2)(h), s 24Brisbane South Regional
Health Authority v Taylor [1996] HCA 25
(1996) 186 CLR 541, referred toComcare v
A’Hearn [1993] FCA 498
(1993) 45 FCR 441, appliedCooper v Hopgood &
Ganim [1998] QCA 114
[1999] 2 Qd R 113, referred toDempsey v Dorber [1990]
1 Qd R 418, appliedDepartment of Transport v Chris Smaller (Transport)
Ltd [1989] 1 AC 1197, consideredGleeson v Brick [1969] Qd R 361,
referred toMcAuliffe v Puplic (1996) EOC 92-800, referred
toHoffman v The Queensland Local Government Superannuation Board
[1994] 1 Qd R 369, referred toWitten v Lombard Australia Ltd (1963)
88 WN (Pt 1) NSW, applied
Judgment (13 paragraphs)
[1]
ADMINISTRATIVE LAW - JUDICIAL REVIEW LEGISLATION - COMMONWEALTH, QUEENSLAND AND AUSTRALIAN CAPITAL TERRITORY - GROUNDS FOR REVIEW OF DECISION - IMPROPER EXERCISE OF POWER - ERROR OF LAW - where employee made complaint of discrimination on the ground of impairment - where Anti-Discrimination Commissioner exercised discretion to accept complaint outside one year limit - whether there was evidence from which the Commissioner could be reasonably satisfied there was good cause to accept complaint
[2]
ADMINISTRATIVE LAW - PARTICULAR TRIBUNALS OR BODIES - ANTI-DISCRIMINATION AND EQUAL OPPORTUNITY TRIBUNALS
[3]
DISCRIMINATION LAW - STATE PROVISIONS - QUEENSLAND - whether "good cause" in s138(2) Anti-Discrimination Act1991 requires explanation for delay in bringing complaint