Brandy v Human Rights and Equal Opportunity Commission information
Judgement of the High Court of Australia
Brandy v Human Rights and Equal Opportunity Commission
Court
High Court of Australia
Decided
23 February 1995
Citation(s)
[1995] HCA 10, (1995) 183 CLR 245
Transcript(s)
[1994] HCATrans 51 (4 October 1994) [1994] HCATrans 57 (11 October 1994)
Case history
Prior action(s)
Bell v ATSIC, Gray & Brandy [1993] HREOCA 25 (22 December 1993)
Court membership
Judge(s) sitting
Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ
Case opinions
(7:0) The 1992 and 1993 amendments to the Racial Discrimination Act 1975 purported to vest judicial power in the Commission contrary to Ch III of the Constitution and hence were invalid.
Brandy v Human Rights and Equal Opportunity Commission (HREOC) was a case before the High Court of Australia determining that the HREOC could not validly exercise judicial power.[1] The High Court maintained a firm position against attempts to confer judicial powers upon non-judicial bodies.[2]
^Brandy v Human Rights & Equal Opportunity Commission [1995] HCA 10, (1995) 183 CLR 245.
^French, Justice Robert (29 January 2024). "Executive toys judges and non-judicial functions". Federal Judicial Scholarship. [2008] Federal Judicial Scholarship 8.
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