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Myers v Alfred Hospital [2023] FCA 833

Myers v Alfred Hospital [2023] FCA 833

HUMAN RIGHTS – alleged unlawful direct discrimination under ss 5, 23, and 24 of the Disability Discrimination Act 1992 (Cth) – requirement by law and by policy of a hospital to wear a face mask when visiting a public hospital unless exempt – applicant in possession of a medical letter to effect that she could not wear a face mask because of a skin rash on her face – hospital staff allegedly placed a face shield on applicant without her consent – hospital staff allegedly made applicant sit by herself in a cubicle away from the general waiting area – doctor allegedly threatened not to provide medical services to the applicant – doctor allegedly rendered sub-standard medical services to the applicant – allegations of direct discrimination

PRACTICE AND PROCEDURE – application for extension of time – applicant lodged a complaint to the Australian Human Rights Commission alleging unlawful direct discrimination – a delegate of the President of the Commission terminated the complaint – the applicant filed a proceeding in the Court under s 46PO(1) of the Australian Human Rights Commission Act 1986 (Cth) – order sought under s 46PO(2) to bring proceeding outside 60 day time limit – insufficient prospects of success to justify grant of leave – application refused

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0833

For more information, see the original judgement.


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