Harrison v Commissioner for Housing

[2003] ACTSC 22

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Discrimination Tribunal
3. › Appeal on question of law
4. › Whether appeal limited to error of law
5. › Whether s 20 Supreme Court Act confers broader jurisdiction
6. › Discrimination Act 1991 (ACT), s 108D(1)
7. › Supreme Court Act 1933 (ACT), s 20
1. Discrimination Law
2. › Racial discrimination
3. › Accommodation
4. › Whether complainant treated less favourably on ground of race
5. › Whether request for information regarding race constituted discrimination
6. › Whether offer of unsuitable accommodation constituted discrimination
7. › Discrimination Act 1991 (ACT), ss 21(1)(b), 21(2)(c), 68(1)(a), (e)
1. Courts and Tribunals
2. › Jurisdiction
3. › Supreme Court of the ACT
4. › Inherent jurisdiction
5. › Whether general jurisdictional provision overrides specific statutory limitation on appeals
6. › Supreme Court Act 1933 (ACT), s 20

Quick Take

Appeals from the ACT Discrimination Tribunal under s 108D(1) of the Discrimination Act 1991 (ACT) are confined to questions of law; s 20 of the Supreme Court Act 1933 (ACT) does not confer a broader appellate jurisdiction that overrides express statutory limitations on appeal rights from tribunals. The broad doctrine of Kelly v Apps has not been applied in subsequent ACT Supreme Court decisions.