16. Public Authorities

Georgel and Georgeta Stoicescu v Romania [2011] ECHR 1193 (26 July 2011)

State breached positive obligations to safeguard and protect the right to respect for private life by failing to prevent dog attack Georgel and Georgeta Stoicescu v Romania [2011] ECHR 1193 (26 July 2011) Summary In an important judgment on the scope of article 8 of the European Convention on Human Rights, the European Court of [...]

Hugh Glenister v President of the Republic of South Africa & Ors (CCT 48/10) [2011] ZACC 6 (17 March 2011)

State’s Obligation to Establish an Independent Anti-Corruption Body Hugh Glenister v President of the Republic of South Africa & Ors (CCT 48/10) [2011] ZACC 6 (17 March 2011) Summary The Constitutional Court of South Africa declared legislation which disbanded and replaced an anti-corruption body constitutionally invalid. Through a joint judgment by Moseneke DCJ and Cameron [...]

McAdam v Victoria University & Ors (Anti-Discrimination) [2010] VCAT 1429 (3 September 2010)

What is the Relationship between the Charter and the Equal Opportunity Act? McAdam v Victoria University & Ors (Anti-Discrimination) [2010] VCAT 1429 (3 September 2010) This decision illustrates how Charter arguments may complement complaints under the Equal Opportunity Act 1995 (Vic).  It considers an application by Victoria University to strike out or dismiss a number [...]

Quinn v Overland [2010] FCA 799 (28 July 2010)

Application of the Charter to Public Sector Employment Decisions and Practices Quinn v Overland [2010] FCA 799 (28 July 2010) The Federal Court of Australia has found that there is a serious issue to be tried that s 20(3)(c) of the Public Administration Act 2004 (Vic) (‘the PA Act’) places a statutory duty on public [...]

City of Vancouver v Ward 2010 SCC 27 (23 July 2010)

When Will Damages be a Just and Appropriate Remedy for Breach of Human Rights? City of Vancouver v Ward 2010 SCC 27 (23 July 2010) The Supreme Court of Canada has handed down a significant judgment on the availability of damages for a breach of human rights under the Canadian Charter of Rights and Freedom.  [...]

Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010)

Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of [...]

Director of Housing v Sudi [2010] VCAT 328 (31 March 2010)

Eviction from Public Housing without Adequate Justification a Breach of Human Rights Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of [...]

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 [...]

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 [...]

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.

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 [...]