Lavery v Anti-Discrimination Commissioner & Anor

[2018] NTSC 78

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Administrative Law
2. › Judicial Review
3. › Anti-discrimination
4. › Complaint by a person aggrieved under s 60(a) of the Anti-Discrimination Act 1996 (NT)
5. › Acceptance Stage
6. › complaint declined under s 67(d) of the Anti-Discrimination Act 1996 (NT)
1. Administrative Law
2. › Judicial Review
3. › Anti-discrimination
4. › Complaint
5. › complaint declined under s 67(d) of the Anti-Discrimination Act 1996 (NT) where the Commissioner reasonably believes that the complaint fails to disclose prohibited conduct
6. › what is involved in the judicial review of the Commissioner’s reasonable belief
1. Administrative Law
2. › Judicial Review
3. › Natural Justice
4. › no requirement to seek further information or submissions from a person making a complaint under s 60(a) of the Anti-Discrimination Act 1996 (NT) where decision maker not relying upon information that was not provided by the complainant before declining the complaint under s 67(d)
5. › no requirement to afford the complainant the opportunity to amend the complaint
1. Statutory Interpretation
2. › meaning of “on the basis of an attribute” in the context of s 20(1) of the Anti-Discrimination Act 1996 (NT)
3. › requires causal nexus between the conduct and the attribute