Discrimination law – Disability discrimination – Appellant discharged from army on account of HIV-positive status – Discrimination admitted – Discrimination alleged to be lawful – Appellant alleged to be unable to carry out the inherent requirements of the particular employment – Meaning of "inherent requirements of the particular employment" in s 15(4)(a) of the Disability Discrimination Act 1992 (Cth) – Whether appellant "unable" to perform inherent requirements with reasonable safety.
Discrimination law – Disability discrimination – Infectious disease – Whether s 48 of the Disability Discrimination Act 1992 (Cth) provides an exclusive code for determining whether discrimination on account of an infectious disease is lawful.
Discrimination law – Disability discrimination – "Combat duties" and "combat-related duties" – Whether s 53 of the Disability Discrimination Act 1992 (Cth) provides an exclusive code for determining whether discrimination in relation to "combat duties" and "combat-related duties" is lawful.
Administrative law – Application for order of review – Error of law – Whether applicant must show a different result was inevitable or merely open if no error was made.
Words and phrases – "inherent requirements", "unable to perform".
Administrative Decisions (Judicial Review) Act 1977, ss 5(1)(f), 16(1).
Defence Force Discipline Act 1982 (Cth), ss 3(1) and 29(1).
Disability Discrimination Act 1992 (Cth), ss 5, 15(2)(c), 15(4), 44(1), 48, 53.