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Jess is an Aboriginal woman who lives in a country area of NSW. Jess came to the city for a holiday and to visit her cousins who she had not seen for quite a while. On her last night in the city, Jess and her cousins decided to go to a restaurant which they had been told had great food and a great view. Jess said that when they arrived at the restaurant the head waiter told them they could not go…

Under the Racial Discrimination Act 1975 it is unlawful to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or…

If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect:

These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of…

1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect…

The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters:

General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve)

However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination.

In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions.

1. Waters v Public Transport Corporation (1991) 173 CLR 349 at 359 per Mason CJ and Gaudron J; IW v City of Perth (1997) 191 CLR 1 at 14 per Brennan CJ and McHugh J at 22-23, per Gaudron J, at 27 per Toohey J, at 39 and 41- 42 per Gummow J and 58 per Kirby J; X v Commonwealth (1999) 200 CLR 177 at 223 Kirby J; and Qantas Airways Limited v Christie (1998) 193 CLR 280 at 332 per Kirby J

1. On 22 October 2001 the Sex Discrimination Commissioner ("the SD Commissioner") filed a Notice of Motion seeking to move the Court for orders that the SD Commissioner be granted leave to appear as amicus curiae in these proceedings, together with any consequential orders and directions. The Notice of Motion was supported by an affidavit of the SD Commissioner affirmed on 19 October…

(1) Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant.

The primary function of your written application is to provide sufficient information about your skills, knowledge and experience to allow the Selection Committee to assess your suitability for the position and, if interviews are being conducted, whether you should be interviewed for the position.

Non-ongoing employment is the term commonly used in the Commonwealth public sector for contract or temporary work. The Commission uses this employment method to cover a range of circumstances where on-going or permanent employment is not appropriate. Where possible, however, ongoing employment is the Commission’s preferred form of employment.

See also the material linked from our access to premises page for more detailed resources including Commission advisory notes and policy papers, complaint outcomes, and links to other resources.