Walter Colyer v State of Victoria

[1998] 3 VR 759

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(Judgment by: Callaway JA)

Between: Walter Colyer v State of Victoria
And: State of Victoria

Court:

Judges: Brooking JA

Callaway JAKenny JA

Subject References:
Discrimination law
Alleged discrimination by State on basis of impairment
Decision by Anti-Discrimination Tribunal to refer matter to Equal Opportunity Commission for investigation
Whether right of appeal against decision
Whether Tribunal required to have regard to possible defences
Meaning of "designed" in s.82 Equal Opportunity Act 1995
Whether objective or subjective test
Burden of proof

Legislative References:
Equal Opportunity Act 1995 - s 42, 82, 150, 156

Hearing date: 11 August 1997
Judgment date: 12 September 1997

Melbourne

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Judgment by:
Callaway JA

I have had the advantage of reading in draft the reasons for judgment prepared by Kenny, J.A. I agree in them and in the disposition of the appeal that her Honour proposes.