Minogue v Williams

(2000) 60 ALD 366; [2000] FCA 125

Federal Court of Australia

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For Australian Law.

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Original jurisdiction of High Court
3. › Matters arising under any treaty
4. › Whether ICCPR gives rise to justiciable controversy
5. › Whether treaty incorporated into domestic law by reproduction as schedule to Commonwealth Act
6. › Constitution, s 75(i)
7. › Human Rights and Equal Opportunity Commission Act 1986 (Cth)
1. International Law
2. › Treaties
3. › International Covenant on Civil and Political Rights 1966
4. › Article 10(1)
5. › Whether incorporated into Australian domestic law
6. › Whether schedule to Act constitutes incorporation
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory judgment
4. › Dismissal for want of jurisdiction
5. › Whether final or interlocutory
6. › Test for grant of leave
7. › Whether decision attended with sufficient doubt

Quick Take

The ICCPR is not incorporated into Australian domestic law merely by its reproduction as Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986 (Cth). The HREOC Act refers to the ICCPR only for limited purposes (identifying Commission functions) and does not create justiciable rights for individuals. Collins v South Australia [1999] SASC 257, which held otherwise, was disapproved.