HREOC enforcement (1 Viewer)

[2late]

I read in a Legal Brief that the HREOC cannot enforce it's decision due to constitutional reasons and the matter has to be heard before the Federal Court for an order from the Federal Court.

The brief also said that the case Brandy v HREOC 1995 shows this. Does anyone know about the case and how it relates to the HREOC?

 

[Golani]

a bit more details on the case pls

 

[2late]

I have no idea what the case is about. That's what i need help on.

 

[Golani]

o i c

 

[Ringo]

I don't know the particulars of the Brandy case, but I just refer to it as the 'Brandy decision', and talk about it whenever I mention HREOC. Basically, this decision meant that HREOC decisions were not legally enforceable by themselves. However, they can attempt to anforce their decisions through the Federal Court.

 

[Nupil]

http://www.austlii.edu.au/cgi-bin/disp.pl/au/journals/PLPR/1995/19.html?query=~+brandy+v+hreoc+1995

Maybe that can be of help.