Hearing concluded, judge reserves decision
MELBOURNE – The anti-discrimination claim by the Falun Dafa Association of Victoria (FDA) against the Melbourne City Council (MCC) was heard in the Victorian Civil & Administrative Tribunal yesterday. The judge reserved his decision, but indicated that he would attempt to hand down his judgment as quickly as possible because the FDA would need time to prepare for the 2004 Moomba parade if he found in its favour.
The Falun Dafa Association of Victoria claimed that the Council excluded the FDA from participation in the 2003 Moomba parade because of its criticism of the Chinese Government’s persecution of Falun Dafa practitioners. The FDA claimed that this constituted unlawful discrimination, and sought an order that it be included in the 2004 Moomba parade and an apology.
The Council argued that its organisation and conduct of the Moomba parade did not constitute the provision of a service as defined in Victoria’s Equal Opportunity Act, so the Act could not apply.
However, the Council’s own barrister said of the Council’s decision to exclude the FDA from the Moomba parade: “There is no doubt that this is conduct of an unacceptable kind.” She continued to say that FDA’s claim should not succeed because the relationship between the parties was not covered by Victoria’s Equal Opportunity Act. She asserted that this was a matter for legislative change.
The FDA’s lawyer, Luke Brown of Holding Redlich, said after the hearing that he was surprised by the concession made on behalf of the Council, and that he was hopeful of a favourable outcome for the FDA.
The Falun Dafa Association of Victoria’s was represented on a pro bono basis by Herman Borenstein SC, barristers Craig Dowling and Mark Irving, and lawyer Luke Brown of Holding Redlich.
The Falun Dafa Association of Victoria and Falun Dafa practitioners Australia-wide wish to extend them their most heart-felt thanks for their time, energy and unmatched expertise in this legal case.
Posting date: 3/Dec/2003
Original article date: 2/Dec/2003
Category: Australian News
