Case: National Trust of Australia (Vic) v Australian Temperance and General Mutual Life Assurance Society Ltd [1976] VR 592
Outcome: distinguished
I also note other cases where standing as "aggrieved person" has been recognised in relation to corporate bodies, including National Trust of Australia (Vic) v Australian Temperance and General Mutual Life Assurance Society Ltd [1976] VR 592, Tasmanian Conservation Trust Inc v Minister for Resources (1995) 127 ALR 580, North Coast Environment Council Inc v Minister for Resources (1994) 127 ALR 617 and Manuka Business Association Inc v The Australian Capital Territory Executive and Minister for the Environment, Land and Planning [1998] ACTSC 86. 51 Eleventh, there are a number of cases where incorporated associations have sought to commence proceedings for breach of legislation in the environmental and human rights contexts. Traditionally, courts have tended to apply principles as to standing strictly and have frequently found that such organisations do not have an interest in the litigation, either because the association does not have a special interest in enforcing the relevant public right ( Australian Conservation Foundation [1979] HCA 1 ; 146 CLR 493, Central Queensland Speleological Society v Central Queensland Cement (No 1) [1989] 2 Qd R 512) or because the association is not a "person aggrieved" for the purposes of the relevant legislation ( Right To Life 50 FCR 56, Defence Coalition against RCD 74 FCR at 153). In a number of cases however the Court has held that the relevant association did have standing as a "person aggrieved" ( North Coast 127 ALR 617, Tasmanian Conservation Trust 127 ALR 580, National Trust of Australia [1976] VR 592, Manuka [1998] ACTSC 86). Consideration and findings 63 Further, although of somewhat debatable significance (note comments of Lockhart J in Right to Life 56 FCR at 253), unlike in the North Coast 127 ALR 617, Tasmanian Conservation Trust 127 ALR 580 and National Trust of Australia (Vic) [1976] VR 592, there is no evidence before me that the applicant in this case is considered to be a peak body representing the interests of the disabled in the Hervey Bay region of Queensland, or that the applicant has been recognised by government as a body representing the concerns of the disabled in the Hervey Bay region of Queensland or had participated in official government decision-making processes. Further, while I note from correspondence attached to the affidavit of Mr Robin Andrew King sworn 8 November 2005 that the respondent has acknowledged the applicant's interest in bus shelter infrastructure in the region and sought the input of the applicant and its members (annexure RK 3), and that the Disability Standards require, inter alia , that a provider must consult with "passengers with disabilities who use their service, or with organisations representing people with disabilities, about any proposal for equivalent access" (cl 33.2 Disability Standards), it is difficult to characterise the conduct of the respondent as being anything more than a willingness to consult an organisation which was willing to provide information. In this sense, a comparison may be drawn with the consultation with the Foundation in Australian Conservation Foundation [1979] HCA 1 ; 146 CLR 493. Accordingly, I do not find comparisons with North Coast 127 ALR 617, Tasmanian Conservation Trust 127 ALR 580 or the National Trust of Australia (Vic) [1976] VR 592 cases of assistance in these proceedings.