s04 - What is a Public Authority?

Sagen v Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, 2009 BCCA 522 (20 November 2009)

Equality and Public Authorities: Court Considers Exclusion of Female Ski Jumpers from Winter Olympics and Paralympics
Sagen v Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, 2009 BCCA 522 (20 November 2009)
The British Columbian Court of Appeal has confirmed that the Canadian Charter of Human Rights and Freedoms does not apply to non-governmental [...]

Metro West v Sudi [2009] VCAT 2025 (9 October 2009)

The Meaning of ‘Public Authority’ and the Application of the Charter to Non-Government Bodies
Metro West v Sudi [2009] VCAT 2025 (9 October 2009)
The Victorian Civil and Administrative Tribunal has held that a non-profit housing agency is a ‘public authority’ under section 4(c) of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic). 
Justice Bell’s [...]

Joseph v City of Johanesburg [2009] ZACC 30 (9 October 2009)

No Longer Left in the Dark: Right to Municipal Services and the Procedural Fairness Obligations of Electricity Providers
Joseph v City of Johanesburg [2009] ZACC 30 (9 October 2009)
The Constitutional Court of South Africa has held that government-owned electricity service providers have an obligation to accord procedural fairness to tenants receiving electricity before disconnecting supply.
Facts
The applicants [...]

Homeground Services v Mohamed (Residential Tenancies) [2009] VCAT 1131 (6 July 2009)

Right to Privacy and Unlawfulness of Eviction into Homelessness
Homeground Services v Mohamed (Residential Tenancies) [2009] VCAT 1131 (6 July 2009)
The Victorian Civil and Administrative Tribunal (‘VCAT’) has held that a non-profit welfare agency acted unlawfully pursuant to s 38(1) of the Victorian Charter  in seeking to evict a young tenant from transitional housing in accordance [...]

London & Quadrant Housing Trust v Weaver, R (On the application of) [2009] EWCA Civ 587 (18 June 2009)

UK Court of Appeal Considers Definitions of ‘Public Authority’ and ‘Private Act’
London & Quadrant Housing Trust v Weaver, R (On the application of) [2009] EWCA Civ 587 (18 June 2009)
A recent decision of the Court of Appeal has revisited the vexed issue of the definition of ‘public authority’.  The decision warrants attention for a number [...]

Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009)

Failure to Review Involuntary Treatment a Breach of Human Rights
Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009)
On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a significant decision which discussed in detail important aspects of the application and operation of the Charter. 
Facts
The case concerned [...]

09-085 [2009] VMHRB (23 February 2009)

Mental Health and the Charter
09-085 [2009] VMHRB (23 February 2009)
In this case, which concerned the review of a community treatment order (’CTO’) that prescribed a drug with serious side-effects, a number of significant issues arose in relation to the Charter:

Is the Board a ‘public authority’ and/or a ‘court or tribunal’ for the purposes of the [...]

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin) (24 June 2008)

The UK High Court of Justice has recently considered the meaning of ‘public authority’ under the Human Rights Act 1998 (UK).  In this decision, Registered Social Landlords were held to be public authorities for the purposes of the Act.
Detailed case note.

Guneser v Magistrates’ Court of Victoria & Anor [2008] VSC 57 (5 March 2008)

In a recent decision of the Supreme Court of Victoria, Habersberger J considered the extent to which the rights protected under the Victorian Charter apply to the acts and decisions of public authorities that are connected with a judicial proceeding.
Detailed case note.

YL (by her litigation friend the Official Solicitor) v Birmingham City Council & Ors [2007] UKHL 27 (20 June 2007)

The UK House of Lords has delivered a much anticipated judgment regarding the meaning of ‘functions of a public nature’ and ‘public authority’ under the Human Rights Act 1998 (UK).  The case concerns the issue as to whether a private care home is providing functions of a public nature, with a majority of the House [...]